Opinion
NO. 7:11-cv-156 (HL)
12-14-2011
ELBERT LEE WILLIAMS, Petitioner v. Warden WILLIAM TERRY, Respondent
ORDER
Petitioner ELBERT LEE WILLIAMS filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. On November 22, 2011, the Court ordered Petitioner to supplement his petition to provide more information regarding exhaustion of his state remedies. Petitioner responded by filing a document, which the Clerk's Office docketed as a motion, in which he requests that "this case be r[e]moved or dismiss[ed] at this time" (Doc. 8).
Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, a peitioner may voluntarily dismiss 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.
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HUGH LAWSON
UNITED STATES DISTRICT JUDGE