Hatcher v. United States of America (INMATE 3)

United States District Court for the Middle District of Alabama

Hatcher v. United States of America (INMATE 3)

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

DANIEL LAMAR HATCHER, ) ) Petitioner, ) ) v. ) CASE NO. 2:21-CV-808-WKW ) [WO] UNITED STATES OF AMERICA, ) ) Respondent. ) ORDER Petitioner has filed a motion for voluntary dismissal of this

28 U.S.C. § 2255

action. Dismissal without prejudice under Rule 41(a)(2) is committed to the sound discretion of the district court and should typically be granted absent clear legal prejudice to a respondent. See McCants v. Ford Motor Co.,

781 F.2d 855

, 856–57 (11th Cir. 1986). The court has reviewed the record and determined that clear legal prejudice will not result. Accordingly, it is ORDERED that Petitioner’s motion (Doc. # 11) is GRANTED and this action is DISMISSED without prejudice. A final judgment will be entered separately. DONE this 15th day of April, 2022. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

Reference

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