Opinion
Case No: 2:18-cv-117-FtM-38CM
03-29-2018
ANDREENE ALETHEA BECKFORD, Petitioner, v. DAVID HARDIN, MARC MOORE, JIM MARTIN, MICHAEL MEADE, MATTHEW T ALBENCE, THOMAS HOMAN, KIRSTJEN M. NIELSEN and JEFFERSON B. SESSIONS, Respondents.
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This matter comes before the Court on Petitioner's Notice of Voluntary Dismissal (Doc. 10) filed on March 26, 2018. Petitioner, who has pending an Amended Petition for Writ of Habeas Corpus (Doc. 5), seeks to voluntarily dismiss the above-captioned matter due to The Department of Homeland Security releasing Petitioner from custody on or about March 21, 2018.
In relevant part, Rule 41(a) (1), provides that a plaintiff may dismiss an action without a court order "by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. . . ." Fed. R. Civ. P. 41(a) (1) (A) (i). Respondents have not yet filed a response to the Amended Petition for Writ of Habeas Corpus. Case law holds that "notices of dismissal allowed for under Rule 41(a) (1) (A) (i) are effective upon filing." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Consequently, the Court acknowledges Petitioner's Notice of Voluntary Dismissal (Doc. 10) pursuant to Fed. R. Civ. P. 41(a) (1) (A) (i).
Habeas Corpus Rule 11 permits application of the Federal Rules of Civil Procedure to habeas proceedings "to the extent that they are not inconsistent with any statutory provisions or [the habeas] rules." Rules Governing Section 2254 Cases in the United States District Courts, R. 11. --------
Accordingly, it is hereby ORDERED:
The Clerk of the Court shall dismiss this case without prejudice, terminate any pending motions, and close this case.
DONE and ORDERED in Fort Myers, Florida this 29th day of March, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE SA: FTMP-1
Copies: All Parties of Record