Opinion
CIVIL ACTION NO. H-16-3706
02-15-2017
MICHAEL GEOFFREY PETERS, (TDCJ-CID #2019190) Petitioner, v. LORIE DAVIS, Respondent.
MEMORANDUM ON DISMISSAL
On December 19, 2016, Michael Geoffrey Peters filed a motion for injunction in the United States District Court for the Northern District of Texas. On December 21, 2016, the Northern District construed the pleading as a petition for a wit of habeas corpus under 28 U.S.C. § 2254 and transferred it to this court. (Docket Entry No. 4). Peters argues that he never authorized the filing of a federal petition and seeks to dismiss this action. (Docket Entry Nos. 7 & 8).
The petitioner may move for a voluntary dismissal under Fed. R. Civ. P. 41(a). Rule 12 of the Rules Governing Section 2254 Cases in the United States District Courts provides that "[t]he Federal Rules of Civil Procedure, to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules."
Peters's letter Motions for Voluntary Dismissal, (Docket Entry Nos. 7 & 8), are GRANTED. This case is DISMISSED without prejudice.
SIGNED at Houston, Texas, on February 15, 2017.
/s/_________
VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE