Swann v. Washington County Detention Center, No. 2:2021cv00082 - Document 9 (E.D. Tenn. 2021)
Court Description: MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge R. Leon Jordan on 8/3/21. (c/m Blake O'bryan Swann WASHINGTON COUNTY DETENTION CENTER PO BOX 97 JONESBOROUGH, TN 37659 ) (ADA)
Download PDF
<![CDATA[
Swann v. Washington County Detention Center Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE BLAKE O’BRYAN SWANN, ) ) ) ) ) ) ) ) ) Petitioner, v. ED GRAYBEAL, Respondent. No.: 2:21-CV-82-RLJ-CRW MEMORANDUM OPINION Petitioner, an inmate proceeding pro se in a federal habeas corpus action pursuant to 28 U.S.C. § 2254, has filed a motion seeking to voluntarily dismiss the petition [Doc. 8]. Respondent has failed to respond to the motion, and the deadline to do so has passed. See E.D. Tenn. L.R. 7.1. Rule 41(a)(1) of the Federal Rules of Civil Procedure allows a petitioner to voluntarily dismiss an action without leave of court before the adverse party serves an answer or a motion for summary judgment. See Fed. R. Civ. P. 41(a)(1); Williams v. Caruso, No. 2:07-CV-11291, 2008 WL 544954, at *1 (M.D. Mich. Feb. 25, 2008) (finding Rule 41 fully applies to federal habeas petitions). Respondent has not yet responded to the petition, and therefore, dismissal is appropriate under Rule 41(a)(1). Accordingly, Petitioner’s motion for voluntary dismissal [Doc. 8] will be GRANTED, and this action will be DISMISSED WITHOUT PREJUDICE. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. IT IS SO ORDERED. ENTER: s/ Leon Jordan United States District Judge Case 2:21-cv-00082-RLJ-CRW Document 9 Filed 08/03/21 Page 1 of 1 PageID #: 30 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
