Opinion
Case Number: 2:13-CV-15298
02-07-2014
WILLIAM M. HILL, Petitioner, v. BONITA J. HOFFNER, Respondent.
HONORABLE PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
OPINION AND ORDER GRANTING PETITIONER'S
REQUEST FOR VOLUNTARY DISMISSAL
Petitioner William M. Hill, a state inmate currently incarcerated at the Lakeland Correctional Facility in Coldwater, Michigan, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now before the Court is Petitioner's request to voluntarily dismiss his petition.
Petitioner seeks dismissal of this action because it was accidentally filed and is duplicative of a petition already pending in this Court. See Hill v. Hoffner, No. 5:13-cv-13796. Federal Rule of Civil Procedure 41(a) permits a plaintiff to dismiss an action without leave of the adverse party or the court at any time before service by the adverse party of an answer or of a motion for summary judgment. Respondent has not yet been served and the petition would, in any event, be subject to summary dismissal as duplicative of the earlier-filed petition. Davis v. U.S. Parole Commission, No. 88-5905, 1989 WL 25837 (6th Cir. 1989) (holding a district court may dismiss a habeas petition that is duplicative of an earlier-filed petition); Marks v. Wolfenbarger, No. 2:06-cv-14325, 2006 WL 2850340, *1 (E.D. Mich. Oct. 3, 2006) (Edmunds, J.) (same).
Accordingly, the Court GRANTS Petitioner's request for voluntary dismissal and the matter is DISMISSED WITHOUT PREJUDICE.
__________
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 7, 2014.
Deborah Tofil
Case Manager