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Hibbler v. Zimmerman

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


April 5, 2007

ANTWON S. HIBBLER, PETITIONER,
v.
ROGER ZIMMERMAN, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Jeanne E. Scott, U.S. District Judge

OPINION

This cause is before the Court on Respondent Roger Zimmerman's Motion to Dismiss (d/e 6) and Petitioner Antwon Hibbler's Motion for Voluntary Dismissal (Without Prejudice) (d/e 7). For the reasons set forth below, Petitioner's Motion for Voluntary Dismissal is allowed and Respondent's Motion to Dismiss is denied as moot.

On February 16, 2007, Respondent filed his Motion to Dismiss with exhibits, asserting that Petitioner failed to exhaust available state remedies as required by 28 U.S.C. § 2254(b)(1). As a result, Respondent asked that Hibbler's Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (d/e 2) (Petition) be dismissed without prejudice. On March 7, 2007, Hibbler filed his Motion for Voluntary Dismissal. Hibbler concedes that he failed to exhaust his state remedies and requests that his Petition be dismissed without prejudice. The Court allows Hibbler's request and dismisses the Petition. As a result, Respondent's Motion to Dismiss is moot. The Court notes that Hibbler has not asked the Court to stay his Petition and the record does not reflect any reason to justify a stay. See Rhines v. Weber, 544 U.S. 269 (2005).

THEREFORE, Petitioner Antwon Hibbler's Motion for Voluntary Dismissal (Without Prejudice) (d/e 7) is ALLOWED, and Respondent Roger Zimmerman's Motion to Dismiss (d/e 6) is DENIED as MOOT. Petitioner's Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (d/e 2) is DISMISSED without prejudice. All pending motions are denied as moot. This case is closed.

JEANNE E. SCOTT UNITED STATES DISTRICT JUDGE

20070405

© 1992-2007 VersusLaw Inc.



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