Humphrey v. Williams

S.D. Georgia

Humphrey v. Williams

DecidedDecember 19, 2024

Docket1:24-cv-00177

StatusUnknown

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

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Humphrey v. Williams, (S.D. Ga. 2024).

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Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

GREGORY HUMPHREY, ) ) Plaintiff, ) ) v. ) CV 124-177 ) JARED T. WILLIAMS; JOHN TARPLEY, ) Investigator; KEAGAN WAYSTACK, ) Assistant District Attorney; and SHERIFF ) EUGENE BRANTLEY, ) ) Defendants. ) _________

O R D E R _________ Plaintiff, a pretrial detainee at the Charles B. Webster Detention Center in Augusta, Georgia, commenced this case by submitting a standard 42 U.S.C. § 1983 complaint form. The matter is now before the Court on Plaintiff’s request to voluntarily dismiss his case.1 (Doc. nos. 9, 11; see also doc. nos. 10, 12.) As no Defendant has filed an answer or a motion for summary judgment, according to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff may dismiss his case

1 Additionally, in his second-filed notice of voluntary dismissal, Plaintiff asks the Clerk of Court to mail him a blank federal habeas petition form so that he may amend his federal habeas corpus petition. (Doc. no. 11.) However, Plaintiff must file all his habeas corpus-related filings in case CV 124-213, the case number for Plaintiff’s separate § 2241 habeas corpus case previously opened by this Court. (See doc. no. 6); see also Humphrey v. Roundtree, CV 124-213 (S.D. Ga. Oct. 24, 2024). Thus, should Plaintiff wish to amend his § 2241 habeas corpus petition, he must file a proper motion in CV 124-213 for the Court’s consideration. See In re Unsolicited Letters to Federal Judges, 120 F. Supp. 2d 1073, 1074 (S.D. Ga. 2000) (“[I]f a litigant seeks judicial action of any sort . . . it must be contained within a motion arising from a properly filed lawsuit.”). without an Order from the Court. Therefore, the Court DIRECTS the Clerk to DISMISS this civil action without prejudice and terminate all pending motions and deadlines. SO ORDERED this 19th day of December, 2024, at Augusta, Georgia.

BRIAN K. 2 UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

GREGORY HUMPHREY, ) ) Plaintiff, ) ) v. ) CV 124-177 ) JARED T. WILLIAMS; JOHN TARPLEY, ) Investigator; KEAGAN WAYSTACK, ) Assistant District Attorney; and SHERIFF ) EUGENE BRANTLEY, ) ) Defendants. ) _________

O R D E R _________ Plaintiff, a pretrial detainee at the Charles B. Webster Detention Center in Augusta, Georgia, commenced this case by submitting a standard 42 U.S.C. § 1983 complaint form. The matter is now before the Court on Plaintiff’s request to voluntarily dismiss his case.1 (Doc. nos. 9, 11; see also doc. nos. 10, 12.) As no Defendant has filed an answer or a motion for summary judgment, according to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff may dismiss his case

1 Additionally, in his second-filed notice of voluntary dismissal, Plaintiff asks the Clerk of Court to mail him a blank federal habeas petition form so that he may amend his federal habeas corpus petition. (Doc. no. 11.) However, Plaintiff must file all his habeas corpus-related filings in case CV 124-213, the case number for Plaintiff’s separate § 2241 habeas corpus case previously opened by this Court. (See doc. no. 6); see also Humphrey v. Roundtree, CV 124-213 (S.D. Ga. Oct. 24, 2024). Thus, should Plaintiff wish to amend his § 2241 habeas corpus petition, he must file a proper motion in CV 124-213 for the Court’s consideration. See In re Unsolicited Letters to Federal Judges, 120 F. Supp. 2d 1073, 1074 (S.D. Ga. 2000) (“[I]f a litigant seeks judicial action of any sort . . . it must be contained within a motion arising from a properly filed lawsuit.”). without an Order from the Court. Therefore, the Court DIRECTS the Clerk to DISMISS this civil action without prejudice and terminate all pending motions and deadlines. SO ORDERED this 19th day of December, 2024, at Augusta, Georgia.

BRIAN K. 2 UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

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