Opinion
Case No. 3:17cv654/MCR/CJK
10-02-2017
SHAWN LOWRY, Petitioner, v. MIKE CARROLL, Respondent.
REPORT AND RECOMMENDATION
This cause is before the court upon petitioner's motion to voluntarily dismiss his habeas corpus petition. (Doc. 4). Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, this action should be dismissed.
Accordingly, it is respectfully RECOMMENDED:
1. That petitioner's motion to voluntarily dismiss his petition (doc. 4) be GRANTED.
2. That this case be DISMISSED WITHOUT PREJUDICE under Fed. R. Civ. P. 41(a)(1)(A)(i).
3. That the clerk be directed to close the file.
At Pensacola, Florida this 2nd day of October, 2017.
/s/ Charles J . Kahn, Jr.
CHARLES J. KAHN, JR.
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations may be filed within 14 days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon the magistrate judge and all other parties. A party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636.