Opinion
Case No. 3:11-cv-766-MA
08-24-2011
RUDOLPH R. MOORE, Petitioner, v. JEFFREY THOMAS, Warden, FCI Sheridan, Respondent.
ORDER
MARSH, Judge
On June 21, 2011, petitioner Rudolph R. Moore filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner sought expedited consideration of the petition. On July 29, 2011, respondent filed a response. On August 22, 2011, petitioner filed a Motion for Voluntary Dismissal of Petition, seeking dismissal of this proceeding without prejudice. (#21.) In the supporting memorandum, petitioner advises the court that he no longer wishes to litigate the petition, and that respondent has no objection to the voluntary dismissal. (#22.) I have considered petitioner's submissions and the record of this case, and find dismissal is appropriate. Fed.R.Civ.Pro. 41(a)(2).
Accordingly, petitioner's Motion for Voluntary Dismissal of Petition (#21) is GRANTED and this proceeding is DISMISSED without prejudice.
IT IS SO ORDERED.
Malcolm F. Marsh
United States District Judge