Zhang v. Attorney General et al
| Jielun Zhang |
| Attorney General, Secretary of the Department of Homeland Security, Edgar N. DeJesus and Michael Meade |
| 1:2021cv23380 |
| September 20, 2021 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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Filing 6
PAPERLESS ORDER. THIS CAUSE came before the Court upon pro se Petitioner's Motion to Dismiss the Case. #5 . Therein, Petitioner requests that the Court dismiss his case because "Petitioner learned that the correct judicial district which Petitioner resides in is [the] Middle District of Florida rather than [the] Southern District of Florida." Id. at 1. The Court construes Petitioner's Motion to Dismiss the Case as a motion for voluntary dismissal under Rule 41 of the Federal Rules of Civil Procedure. Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss an action prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, neither an answer nor motion for summary judgment has been filed. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE so that Petitioner may refile in the Middle District of Florida. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Clerk of Court is INSTRUCTED to MAIL Petitioner a copy of this Paperless Order. Signed by Judge K. Michael Moore on 10/4/2021. (elm)
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| Filing 5 MOTION to Dismiss the Case re #1 Application/Petition (Complaint) for Writ of Habeas Corpus. Responses due by 10/15/2021 (jbs) |
| Filing 4 Clerks Notice of Receipt of Filing Fee received on 9/21/2021 in the amount of $ 5.00, receipt number FLS100237071. (vt) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jielun Zhang. (daa) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (daa) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00 paid, filed by Jielun Zhang. (Attachments: #1 Routing Slip)(daa) |
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