Mays v. Grayer et al, No. 1:2009cv00037 - Document 4 (N.D. Ga. 2009)

Court Description: ORDER AND OPINION granting 3 Motion to Voluntarily Dismiss without prejudice. Signed by Judge Thomas W. Thrash, Jr on 2/6/09. (dr)
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CHANAREIRS a " Mv ieS N . H 1%-qEiq, Clerk IN THE UNITED STATES DISTRICT COUP' FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ~ '~"~'~ ~nr~ PRISONER HABEAS CORPUS 28 U.S .C. § 2241 ERIK MAYS, Petitioner, V. CIVIL ACTION NO . 1 :09-CV-0037-TWT-AJB LOREN GRAYER, Warden, et al ., Respondents . ORDER and OPINION Petitioner, Erik Mays, incarcerated at the Federal Prison Camp in Atlanta, Georgia, has filed this 28 U .S .C . § 2241 habeas corpus petition that challenges the Federal Bureau of Prisons' (BOP'S) alleged refusal to consider him for a full twelvemonth placement in a Residential Reentry Center (RRC), as required by the Second Chance Act of 2007 .E (Doc. No . 1 .) The matter is before this Court on Petitioner's motion to withdraw his petition (Doc . No. 3), construed as a motion to voluntarily dismiss under Fed. R. Civ. P . 41(a)(2) . This Court may dismiss an action, in which no counterclaim is pending, on Petitioner's request "on terms that the court considers proper ." Fed. R . Civ . P . See Second Chance Act of 2007, Pub . L. No. 110- 1 99, § 251(a), 122 Stat . 657, 692-93 (April 9, 2008) (amending 18 U .S .C. § 3624(c)(1) & (2)) . AO 72A ( Rev . 8/82) 41(a)(2) . See also Rules Governing Section 2254 Proceedings for the United States District Courts, Rules 1(b ) & 11 . Respondent has no pending counterclaim, and Petitioner's construed motion is due to be granted . The dismissal shall be without prejudice . See Thai v . United States, 391 F .3d 491, 495-96 (2d Cir. 2004) (holding that voluntary withdrawal of a § 2255 motion generally should be deemed a dismissal without prejudice} . For the reasons discussed above, IT IS ORDERED that Petitioner's construed motion (Doc . No . 3) to voluntarily dismiss this 28 U .S .C. § 2241 petition is GRANTED, and this action is DISMISSED without prejudice. IT IS SO ORDERED , this ~_ day of jee~~~ , 2009, THOMAS W . THRASH, JR . UNITED STATES DISTRICT JUDGE 2 AO 72A ( Rev . 81&2 )