GERALD v. ADUCCI, 7:15-cv-00183-JHH-JHE. (2015)
Court: District Court, N.D. Alabama
Number: infdco20150708924
Visitors: 15
Filed: Jul. 07, 2015
Latest Update: Jul. 07, 2015
Summary: MEMORANDUM OPINION JAMES H. HANCOCK , Senior District Judge . On January 29, 2015, Petitioner Emma Gerald ("Gerald") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking to attack her federal sentence by way of the Savings Clause of 28 U.S.C. 2255(e). (Doc. 1). On May 21, 2015, Respondent answered, seeking to have the petition dismissed for lack of jurisdiction. (Doc. 16). Gerald has not contested Respondent's arguments but instead seeks to voluntarily dismis
Summary: MEMORANDUM OPINION JAMES H. HANCOCK , Senior District Judge . On January 29, 2015, Petitioner Emma Gerald ("Gerald") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, seeking to attack her federal sentence by way of the Savings Clause of 28 U.S.C. 2255(e). (Doc. 1). On May 21, 2015, Respondent answered, seeking to have the petition dismissed for lack of jurisdiction. (Doc. 16). Gerald has not contested Respondent's arguments but instead seeks to voluntarily dismiss..
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MEMORANDUM OPINION
JAMES H. HANCOCK, Senior District Judge.
On January 29, 2015, Petitioner Emma Gerald ("Gerald") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking to attack her federal sentence by way of the Savings Clause of 28 U.S.C. § 2255(e). (Doc. 1). On May 21, 2015, Respondent answered, seeking to have the petition dismissed for lack of jurisdiction. (Doc. 16). Gerald has not contested Respondent's arguments but instead seeks to voluntarily dismiss the petition without prejudice. (Doc. 20). Because a dismissal for lack of jurisdiction would also be "without prejudice," Gerald and Respondent seek the same relief. Accordingly, Gerald's petition will be DISMISSED WITHOUT PREJUDICE. A separate order will be entered.
Source: Leagle
