Opinion
NO. 7:12-CV-30 (HL)
04-16-2012
ROBERT ARNOLD SHARPE, JR., Petitioner, v. Warden CARL HUMPHREY, Respondent.
ORDER
Petitioner ROBERT ARNOLD SHARPE, JR. filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. After this Court twice ordered Petitioner to state whether he exhausted his state remedies, Petitioner filed a motion to dismiss this action (Doc. 12).
Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a petitioner may voluntarily his action "before the opposing party serves either an answer or a motion for summary judgment[.]" Respondent has not yet served an answer or a motion for summary judgment. Accordingly, Petitioner's motion to dismiss is hereby GRANTED and the above-captioned action is DISMISSED WITHOUT PREJUDICE.
Petitioner's pending motion to appoint counsel is DENIED AS MOOT (Doc. 10).
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HUGH LAWSON
UNITED STATES DISTRICT JUDGE
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