Opinion
Civil Action 3:19-CV-175 (GROH)
01-04-2022
JULIO PABLO MORALES, Petitioner, v. WARDEN ANTONELLI, Respondent.
ORDER DISMISSING CASE
GINA M. GROH, CHIEF UNITED STATES DISTRICT JUDGE
The pro se Petitioner filed a petition for habeas corpus pursuant to 28 U.S.C. §2241. ECF No. 1. On November 22, 2021, Magistrate Judge Robert W. Trumble entered a Report and Recommendation (“R&R”). ECF No. 15. The Petitioner received Judge Trumble's R&R on November 26, 2021. ECF No. 16. On December 8, 2021, the Petitioner filed a Motion to Withdraw or Dismiss his §2241 Petition without prejudice. ECF No. 17. Therein, the petitioner states that after receiving the R&R, he realized that under “Greer, Petitioner's motion would have no merit . . . .” Id.
Upon review and consideration, the Court finds good cause to GRANT the Petitioner's Motion. ECF No. 17. Accordingly, the Petitioner's §2241 Petition is DISMISSED WITHOUT PREJUDICE. The R&R [ECF No. 15] is TERMINATED as MOOT, and the Clerk of Court is DIRECTED to STRIKE this case from the Court's active docket. The Clerk is further DIRECTED to mail a copy of this Order, return receipt requested, to the Petitioner at his last known address on the docket sheet.