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Whitfield v. Pennsylvania Board of Probation Parole

United States District Court, M.D. Pennsylvania
May 3, 2005
Civil No. 1:CV-04-1532 (M.D. Pa. May. 3, 2005)

Opinion

Civil No. 1:CV-04-1532.

May 3, 2005


MEMORANDUM and ORDER


Ralph Whitfield, an inmate at the State Correctional Institution in Huntingdon, Pennsylvania, commenced this action with a pro se petition for writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2254. Petitioner claims that the Pennsylvania Board of Probation and Parole ("PBPP") applied amended standards to his parole application, in contravention of the ex post facto clause of the United States Constitution.

Pursuant to an Order to show cause (Doc. 5) why the requested relief should not be granted, Respondents filed a response (Doc. 7) to the petition and a brief in opposition (Doc. 9). Thereafter, Petitioner filed a reply (Doc. 10) to the answer. Presently before the Court is Petitioner's letter (Doc. 12), in which he states: "in lieu of a formal petition/motion, I respectfully submit this letter to serve as my MOTION TO WITHDRAW MOTION FOR HABEAS CORPUS RELIEF." (Doc. 12 at 1.) Petitioner's letter is construed as a request for voluntary dismissal, and the motion will be granted.

Accordingly, IT IS HEREBY ORDERED THAT:

1. Petitioner's letter (Doc. 12) is construed as a motion for voluntary dismissal, and the motion is GRANTED, without prejudice.

2. The Clerk of Court is directed to close the case.

3. There is no basis for the issuance of a certificate of appealability.


Summaries of

Whitfield v. Pennsylvania Board of Probation Parole

United States District Court, M.D. Pennsylvania
May 3, 2005
Civil No. 1:CV-04-1532 (M.D. Pa. May. 3, 2005)
Case details for

Whitfield v. Pennsylvania Board of Probation Parole

Case Details

Full title:RALPH WHITFIELD, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE…

Court:United States District Court, M.D. Pennsylvania

Date published: May 3, 2005

Citations

Civil No. 1:CV-04-1532 (M.D. Pa. May. 3, 2005)