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Smith v. Gaetz

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


November 1, 2010

KENNETH SMITH, PETITIONER,
v.
WARDEN GAETZ, RESPONDENT.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

This matter is before the Court on Petitioner's motion to voluntarily dismiss his petition for a writ of habeas corpus (Doc. 8). At this stage of the case, voluntary withdrawal of his habeas petition is Petitioner's right under Federal Rule of Civil Procedure 41(a)(1)(A)(i); accordingly, this action is DISMISSED without prejudice. All pending motions are DENIED as moot, and the Order to Show Cause entered on October 5, 2010, is DISCHARGED.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20101101

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