Summary
recognizing Rule 41's applicability to Section 2254 petitions
Summary of this case from Clark v. AllenOpinion
Civil Action No. 14-00077-WS-N
08-29-2014
JUDGMENT
In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the habeas corpus petition, filed pursuant to 28 U.S.C. § 2254, be and is hereby DENIED. Petitioner's motion to dismiss the petition without prejudice is also DENIED. Further, Petitioner is not entitled to a certificate of appealability and is therefore not entitled to appeal in forma pauperis.
DONE and ORDERED this the 29th day of August, 2014.
s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE