IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
November 1, 2010
KENNETH SMITH, PETITIONER,
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
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