Opinion
CV 22-5297 DMG (MRW)
05-29-2024
DONALD SWIGER, Petitioner, v. BRIAN BIRKHOLZ, WARDEN, Respondent.
HON. MICHAEL R. WILNER UNITED STATES MAGISTRATE JUDGE
ORDER GRANTING REQUEST FOR VOLUNTARY DISMISSAL
DOLLY M. GEE CHIEF U.S. DISTRICT JUDGE
This is a habeas action involving a military prisoner in federal custody. Because of the unique issues involved with Petitioner's claims, Hon. Michael R. Wilner, United States Magistrate Judge, appointed the Federal Public Defender to represent Petitioner.
After an extended period of litigation and discussion with the assigned magistrate judge, Petitioner wishes to voluntarily dismiss the habeas action pursuant to Federal Rule of Civil Procedure 41(a). (Docket # 43.) The government does not oppose the request.
The request is GRANTED. IT IS ORDERED that the action is dismissed without prejudice.