Opinion
NO. 7:09-CV-144 (HL).
January 11, 2010
ORDER
Petitioner CHADD SHAW has filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. He now moves, before service, for voluntary dismissal of this action.
Under Rule 41 of the Federal Rules of Civil Procedure, a petitioner has the absolute right to dismiss his action by filing a notice of dismissal "at any time before service by the adverse party of an answer or of a motion for summary judgment." Respondent has not yet served an answer or other responsive pleading. Accordingly, petitioner's motion to dismiss is hereby GRANTED and the above-captioned action is deemed DISMISSED without prejudice.
SO ORDERED.