Summary
This federal district court order grants the pro se petitioner’s motion to voluntarily withdraw his habeas corpus petition pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because the respondent had not yet filed an answer or motion for summary judgment, the court dismissed the action without prejudice. All other pending motions were denied as moot.
Topics
Practice areas
Questions Presented
- Whether a petitioner may voluntarily dismiss a habeas corpus action under Federal Rule of Civil Procedure 41(a)(1)(A)(i) without prejudice.
Holdings
- A voluntary dismissal under Rule 41(a)(1)(A)(i) is appropriate and will be without prejudice when filed before the respondent serves an answer or a motion for summary judgment.
Key quotations
“"[A] voluntary dismissal without prejudice leaves the situation as if the action had never been filed." (Sherer v. Construcciones Aeronauticas, 987 F.2d at 1247)”
“Thus, dismissal under Rule 41(a)(1)(A)() is appropriate. The dismissal will be without prejudice.”
Factual background
Johnny Tate, an inmate at the South Central Correctional Facility in Clifton, Tennessee, filed a pro se petition for a writ of habeas corpus. He later filed a motion to voluntarily dismiss the petition before the respondent filed an answer or a motion for summary judgment.
Procedural history
Petitioner filed a habeas petition; later filed a Motion for Voluntary Withdrawal under Rule 41(a)(1)(A)(i). The court granted the motion and dismissed the petition without prejudice, rendering other pending motions moot.