Opinion
2:23-cv-1540
09-18-2023
JARED T. FERGUSON, Plaintiff, v. HAROLD MAY, Defendant.
CHELSEY M. VASCURA, MAGISTRATE JUDGE
ORDER
EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE
Petitioner, a state prisoner, sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is currently before the Court on Petitioner's Motion to Dismiss Without Prejudice. (ECF No. 12.) In that Motion, Petitioner indicates that unforeseen circumstances prevent him from timely litigation this action. Petitioner asks for dismissal without prejudice to allow him to “refile the case before the statute of limitations expires.” Id. at 1.
The Court GRANTS Portioner's Motion. (ECF No. 12.) The Court makes no determination whether the statute of limitations may bar a later refiling. The Clerk is DIRECTED to DISMISS WITHOUT PREJUDICE this case and REMOVE it from the Court's active docket.
IT IS SO ORDERED.