Opinion
NO. 7:11-cv-78 (HL).
June 15, 2011
ORDER
Pro se Petitioner MOHAMED A. MOHAMED'S 28 U.S.C. § 2241 habeas corpus petition was transferred to this Court from the Northern District of Georgia on June 7, 2011. Petitioner now moves, before service, for voluntary dismissal of this action because the instant petition is duplicative of another petition Petitioner filed in this Court on May 16, 2011. See Mohamed v. Holder , 7:11-CV-59 (HL).
Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a petitioner may voluntarily dismiss his action "before the opposing party serves either an answer or a motion for summary judgment[.]" Respondents have 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 deemed DISMISSED WITHOUT PREJUDICE.
The Clerk of Court is DIRECTED to refund the $5.00 filing fee paid by Petitioner in this action.