Opinion
Case No: 2:17-cv-154-FtM-99CM
10-13-2017
DAFAYON CHARLES, Petitioner, v. SECRETARY, DOC, Respondent.
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This matter comes before the Court on Plaintiff Dafayon Charles's Motion to Voluntarily Dismiss Petition for Writ of Habeas Corpus (Doc. #8) filed on August 4, 2017.
Federal Rule of Civil Procedure 41(a)(1)(A), allows a plaintiff to dismiss a case without a court order. The Rule reads in pertinent part:
Subject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:Fed. R. Civ. P. 41(a)(1)(A).
(i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) A stipulation of dismissal signed by all parties who have appeared.
In this instance, the Plaintiff informs the Court that he voluntarily dismisses the Petition without prejudice. No answer or summary judgment has been filed, therefore; the Petition is due to be dismissed without prejudice. Plaintiff is cautioned that while the one year limitation to file a habeas petition is tolled during the state court proceedings, the clock will resume running on his habeas petition once the state court proceedings are final.
Accordingly, it is now
ORDERED:
Plaintiff Dafayon Charles's Motion to Voluntarily Dismiss Petition for Writ of Habeas Corpus (Doc. #8) is GRANTED. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 13th day of October, 2017.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies:
Dafayon Charles
All Counsel of Record
SA: FTMP-2