Opinion
NO. 7:12-cv-120 (HL)
09-20-2012
ELBERT LEE WILLIAMS, Petitioner v. Warden ERIC SELLERS, Respondent
ORDER
Petitioner ELBERT LEE WILLIAMS filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. He now moves for voluntary dismissal of this action (Doc. 10).
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 motions are all DENIED AS MOOT.
____________
HUGH LAWSON
UNITED STATES DISTRICT JUDGE