Free Order - District Court of Delaware - Delaware


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Date: June 25, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cv-00210-JJF Document 9 Filed 06/24/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSHUA STEPHENSON, :
Petitioner, E
v. Z Civil Action No. 08—2l0—JJF
PERRY PHELPS, E
Warden, and ATTORNEY :
GENERAL OF THE STATE :
OF DELAWARE, z
Respondents. ;
ORDER OF DISMISSAL
Petitioner Joshua Stephenson's request to voluntarily
withdraw his § 2254 petition is GRANTED, and the above—captioned
matter is DISMISSED without prejudice. (D.I. 8.) Respondents
have not yet served an Answer. Fed. R. Civ. P. 4l(a)(1); see
Hilton v. Braunskill, 481 U.S. 770, 776 n.5 (1985)(Federal Rules
of Civil Procedure may be applied to habeas corpus petitions
filed pursuant to 28 U.S.C. § 2254 as long as the Rules are not
inconsistent with the Rules Governing Habeas Corpus Cases Under §
2254). The Clerk is directed to close the case.
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Case 1:08-cv-00210-JJF

Document 9

Filed 06/24/2008

Page 1 of 1