Opinion
NO. 5:12-CV-393 (MTT)
10-16-2012
TROY A. HARDEN, Petitioner v. Warden DANNY THOMPSON, Respondent
ORDER
Petitioner TROY A. HARDEN filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. He now moves for voluntary dismissal of this action (Doc. 9).
Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a petitioner may voluntarily his action "before the opposing party serves either an answer or a motion for summary judgment[.]" Respondent has not yet served an answer or a motion for summary judgment. Accordingly, Petitioner's motion to dismiss is hereby GRANTED and the above-captioned action is DISMISSED WITHOUT PREJUDICE.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT