Roque v. Clarke, No. 3:2019cv00401 - Document 15 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 1/10/2020. Copy to Petitioner as directed. (jsmi, )
Download PDF
<![CDATA[
Roque v. Clarke Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ROBERTO ROQUE,JR„ Petitioner, V. Civil Action No. 3:19CV401 HAROLD W.CLARKE, Respondent. MEMORANDUM OPINION Petitioner, a Virginia inmate proceeding pro se, submitted a petition for a tvrit of habeas corpus. On December 6, 2019, Petitioner moved to withdraw his petition for a writ of habeas corpus. See Fed. R. Civ. P. 41(a)(2). "A [petitioner's] motion under Rule 41(a)(2) for dismissal without prejudice should not be denied absent substantial prejudice to the [respondent]." Andes v. Versant Corp., 788 F.2d 1033, 1036 (4th Cir. 1986)(citing Kenrose Mfg. Co. v. Fred Whitaker Co., 512 F.2d 890, 895 (4th Cir. 1972)). Respondent has not suggested that he will suffer any prejudice. Accordingly, the Motion to Withdraw(ECF No. 14) will be GRANTED. The action will be DISMISSED WITHOUT PREJUDICE. An appropriate Order shall accompany this Memorandum Opinion. John A. Gibney, Jr. ( j J Date: United States District Judge^ Richmond, Virginia ^ 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.
