Free Order Dismissing Case - District Court of Delaware - Delaware


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Pages: 1
Date: March 28, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv—O0141-SLR Document 7 Filed 03/29/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BLANE NEELY, )
Petitioner, g
v. g Civ. No. 07-141-SLR
DAVID DIGUGLIELMO, g
Warden, and ATTORNEY GENERAL )
OF THE STATE OF PENNSYLVANIA, )
Respondents. g
ORDER OF DISMISSAL
At Wilmington this _Q·l;day of March, 2007;
IT IS ORDERED that:
Petitioner Blane Neely’s letter motion to voluntarily dismiss his § 2254 application
is GRANTED. (D.l. 5); SE Fed. R. Civ. P. 41(a)(2). Petitioner is presently
incarcerated in the State of Pennsylvania and he originally filed the instant application
in the United States District Court for the Eastern District of Pennsylvania. The District
Court for the Eastern District of Pennsylvania transferred the application to this court
because the application asserts that the State of Delaware violated the Interstate
Agreement on Detainers by failing to obtain custody of petitioner and bring him to trial in
Delaware. (D.I. 3, attachment No. 5) In a letter motion dated March 8, 2007, petitioner
asks the court to discontinue the instant habeas proceeding. Accordingly, the court
directs the clerk to close the case.