Opinion
Civil Action No. 1:06cv117.
June 30, 2006
MEMORANDUM OPINION AND ORDER
Petitioner Craig B. Punch, an inmate at the Gist Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Discussion
On June 27, 2006, petitioner filed a motion to dismiss the above-styled petition pursuant to Federal Rule of Civil Procedure 41(a). Petitioner is entitled to voluntarily dismiss his action prior to the service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. FED. R. CIV. P. 41(a)(1). As the respondent has not been served in this action, petitioner's motion to dismiss should be granted.
ORDER
For the foregoing reasons, petitioner's motion to dismiss the action is hereby GRANTED. A final judgment will be entered dismissing this action pursuant to FED. R. CIV. P. 41(a).