COOK v. PHILBEN

M.D. Georgia

COOK v. PHILBEN

DecidedJune 13, 2023

Docket3:23-cv-00028

StatusUnknown

This text of COOK v. PHILBEN (COOK v. PHILBEN) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

COOK v. PHILBEN, (M.D. Ga. 2023).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION DANIEL DELANE COOK, Petitioner, CIVIL ACTION NO. v. 3:23-cv-00028-TES-CHW Warden EDWARD PHILBIN, Respondent.

ORDER OF DISMISSAL

Before the Court is Petitioner Daniel Delane Cook’s Motion to Withdraw [Doc. 9] his Petition [Doc. 1] for writ of habeas corpus under 28 U.S.C. § 2254. As grounds for his motion, Petitioner states that he “wishes to withdraw” the instant Petition “to prevent [a frivolous] cause[.]” [Doc. 9, p. 1]. In accordance with Smith v. Williams, the Court treats Petitioner’s motion as a “self-executing notice of dismissal under [Federal Rule of Civil Procedure] 41.” 67 F.4th 1139, 1140 (11th Cir. 2023). Rule 41(a)(1) “entitles a plaintiff to voluntarily ‘dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.’” Id. (quoting Fed. R. Civ. P. 41(a)(1)). This notice is “effective immediately upon filing” and deprives the Court of jurisdiction. Smith, 67 F.4th at 1140–41 (first quoting Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277 (11th Cir. 2012) and then quoting Absolute Activist Value Master Fund Ltd. v. Devine, 998 F.3d 1258, 1265 (11th Cir. 2021). Accordingly, the Court DISMISSES the instant Petition [Doc. 1] without prejudice pursuant to Rule 41(a) and TERMINATES

Petitioner’s Motion to Withdraw [Doc. 9] as moot. SO ORDERED, this 13th day of June, 2023. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION DANIEL DELANE COOK, Petitioner, CIVIL ACTION NO. v. 3:23-cv-00028-TES-CHW Warden EDWARD PHILBIN, Respondent.

ORDER OF DISMISSAL

Before the Court is Petitioner Daniel Delane Cook’s Motion to Withdraw [Doc. 9] his Petition [Doc. 1] for writ of habeas corpus under 28 U.S.C. § 2254. As grounds for his motion, Petitioner states that he “wishes to withdraw” the instant Petition “to prevent [a frivolous] cause[.]” [Doc. 9, p. 1]. In accordance with Smith v. Williams, the Court treats Petitioner’s motion as a “self-executing notice of dismissal under [Federal Rule of Civil Procedure] 41.” 67 F.4th 1139, 1140 (11th Cir. 2023). Rule 41(a)(1) “entitles a plaintiff to voluntarily ‘dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.’” Id. (quoting Fed. R. Civ. P. 41(a)(1)). This notice is “effective immediately upon filing” and deprives the Court of jurisdiction. Smith, 67 F.4th at 1140–41 (first quoting Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1277 (11th Cir. 2012) and then quoting Absolute Activist Value Master Fund Ltd. v. Devine, 998 F.3d 1258, 1265 (11th Cir. 2021). Accordingly, the Court DISMISSES the instant Petition [Doc. 1] without prejudice pursuant to Rule 41(a) and TERMINATES

Petitioner’s Motion to Withdraw [Doc. 9] as moot. SO ORDERED, this 13th day of June, 2023. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

Cite This Page — Counsel Stack

Bluebook (online)

COOK v. PHILBEN, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-philben-gamd-2023.

Opinion

Related

Cite This Page — Counsel Stack