Hudgens v. Romanowski, No. 2:2012cv15523 - Document 10 (E.D. Mich. 2013)

Court Description: OPINION AND ORDER granting 9 Motion to Dismiss Habeas Without Prejudice. Signed by District Judge Sean F. Cox. (JMcC)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GEORGE HUDGENS, Petitioner, CASE NO. 12-15523 HONORABLE SEAN F. COX v. KENNETH ROMANOWSKI, Respondent. ________________________________________/ OPINION AND ORDER GRANTING PETITIONER S MOTION TO DISMISS, AND DISMISSING WITHOUT PREJUDICE THE PETITION FOR A WRIT OF HABEAS CORPUS [DKT. 9] Petitioner George Hudgens filed a motion to voluntarily dismiss his pending petition for a writ of habeas corpus on February 20, 2013. Petitioner seeks an opportunity to return to the state courts to pursue additional challenges to his state criminal proceedings. The Court previously denied Petitioner's motion to stay this proceeding so that he could exhaust additional claims in the state courts. The Court noted that less than two months expired on the one-year statute of limitations. As a result, Petitioner will have time to file a federal habeas petition after exhausting additional claims in state court. Petitioner indicates in the current motion that he has elected to voluntarily dismiss this proceeding to exhaust additional claims. Accordingly, it is ORDERED that Petitionerisabella8 s motion to dismiss is GRANTED and the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. This order closes this case. Should Petitioner wish to seek federal habeas relief following the exhaustion of state court remedies, he must file a new habeas petition in federal court within the time remaining on the one-year period of limitations. IT IS SO ORDERED. Dated: March 4, 2013 S/ Sean F. Cox Sean F. Cox U. S. District Court Judge I hereby certify that on March 4, 2013, the foregoing document was served upon counsel of record by electronic means and upon George Hudgens by First Class Mail at the address below: George Hudgens 501569 Macomb Correctional Facility 34625 26 Mile Road New Haven, MI 48048 Dated: March 4, 2013 S/ J. McCoy Case Manager -2-