Opinion
CIVIL NO. 3:CV-17-2401
02-01-2018
ALI KAREEM AL-HISNAWI, Petitioner v. CLAIRE DOLL,WARDEN, Respondent
() MEMORANDUM
Background
Ali Kareem Al-Hisnawi a detainee of the Bureau of Immigration and Customs Enforcement (ICE) presently confined at the York County Prison, York, Pennsylvania, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Named as Respondent is Warden Claire Doll of the York County Prison. The required filing fee has not been paid and an in forma pauperis application has not been filed.
Petitioner appears to be challenging his continued detention pending removal. Service of the petition has not been ordered.
On January 26, 2018, Petitioner filed a "Notice of Voluntary Dismissal of Habeas Petition." Doc. 4. The notice states that Petitioner wishes to voluntarily dismiss his habeas corpus action.
Under the standards announced in United States v. Miller, 197 F.3d 644 (3d Cir. 1999) and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000), a pro se litigant is allowed opportunity to voluntarily withdraw a federal habeas corpus petition.
Based upon an application of the standards established by Miller and Mason, to Petitioner's announced intention to withdraw his instant action, his notice for voluntary dismissal will be accepted. The dismissal will be entered without prejudice. An appropriate Order will enter.
/s/_________
RICHARD P. CONABOY
United States District Judge DATED: FEBRUARY 1st, 2018
Miller and Mason sought to prevent pro se litigants from unintentionally defaulting federal habeas corpus claims through failure to assert them in a single petition.