Henderson v. Sirmons

Full title: GREGORY HENDERSON, Petitioner, v. MARTY SIRMONS, Warden, Respondent

Court: United States District Court, E.D. Oklahoma

Date published: Jun 17, 2009

Case No. CIV 02-621-FHS-KEW (E.D. Okla. Jun. 17, 2009)

Opinion

Case No. CIV 02-621-FHS-KEW.

June 17, 2009

OPINION AND ORDER

FRANK SEAY, District Judge

Petitioner appealed this court's dismissal of his petition for a writ of habeas corpus, and the Tenth Circuit Court of Appeals reversed for further proceedings concerning how the Department of Corrections applied its policies to petitioner's 1994 Battery on Staff misconduct. Henderson v. Sirmons, No. 06-7038, slip op. at 9 (10th Cir. July 21, 2008). Following conferences with the parties, petitioner filed a motion to dismiss this action without prejudice. The respondent does not object to petitioner's motion and has submitted an affidavit by the administrator of DOC Sentence Administration and Offender Records, stating that 177 earned credits were restored to petitioner's sentence in Tulsa County District Court Case No. CF-92-5245.

ACCORDINGLY, petitioner's unopposed motion to dismiss [Docket #112] is GRANTED, and this action is, in all respects, DISMISSED WITHOUT PREJUDICE.