Opinion
CASE NO. 2:13-CV-10308
12-12-2013
TREVEON DESHODD CAMEL, #712151, Petitioner, v. LLOYD RAPELJE, Respondent.
HONORABLE NANCY G. EDMUNDS
OPINION & ORDER GRANTING PETITIONER'S MOTION FOR NON-PREJUDICIAL
DISMISSAL, DISMISSING WITHOUT PREJUDICE THE PETITION FOR A WRIT OF
HABEAS CORPUS, & DENYING A CERTIFICATE OF APPEALABILITY [#13]
This matter is before the Court on Petitioner's motion to voluntarily dismiss his pending petition for a writ of habeas corpus so that he may return to the state courts to pursue further challenges to his state criminal proceedings. The Court previously denied Petitioner's motion to stay the proceedings and hold this case in abeyance. Given that Petitioner seeks to exhaust additional issues in the state courts and given that he has sufficient time to do so within the one-year statute of limitations applicable to federal habeas actions, dismissal of the present petition is appropriate.
Accordingly,
IT IS ORDERED that Petitioner's motion for non-prejudicial dismissal is GRANTED and the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. Additionally, a certificate of appealability is DENIED as reasonable jurists could not debate the correctness of the Court's procedural ruling. 28 U.S.C. § 2253(c); FED. R. APP. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). This case is closed. Should Petitioner wish to seek federal habeas relief following the exhaustion of state court remedies, he must file a new habeas petition in federal court within the time remaining on the one-year period of limitations.
IT IS SO ORDERED.
______________________
Nancy G. Edmunds
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on December 12, 2013, by electronic and/or ordinary mail.
Johnetta M. Curry-Williams
Case Manager
Acting in the Absence of Carol A. Hemeyer