Ellis v. Roberts

Full title: JOHN OLIVER ELLIS, Petitioner, v. STEVE ROBERTS, Warden, Respondent

Court: United States District Court, M.D. Georgia, Albany Division

Date published: Dec 18, 2007

1:07-CV-36 (WLS) (M.D. Ga. Dec. 18, 2007)

Opinion

1:07-CV-36 (WLS).

December 18, 2007

ORDER

W. SANDS, Chief Judge

Before the Court is a Report and Recommendation from United States Magistrate Judge Richard L. Hodge, filed September 17, 2007. (Doc. 13). It is recommended that Petitioner's Motion to Withdraw Petition (Doc. 12)¹ be granted. Id. No objection has been filed.

1 Petitioner's Motion is actually titled "Motion filed on behalf of the Petitioner, John O. Ellis, asking the Court to allow the Petitioner to withdraw his Petition Without Prejudice."

Upon full review and consideration upon the record, the Court finds that said Report and Recommendation (Doc. 13) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Therefore, Petitioner's Motion to Withdraw Petition (Doc. 12) is GRANTED. Accordingly, Petitioner's habeas corpus petition is DISMISSED without prejudice.

SO ORDERED.