Free Order - District Court of Delaware - Delaware

Case 1:05-cv—00883-SLR Document 23 Filed 06/07/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DWIGHT W.H. PERKINS, JR., )
Petitioner, j
v. j Civ. No. 05-883-SLR
RICHARD KEARNEY, g
Warden, and CARL C. )
DANBERG, Attorney General )
for the State of Delaware, )
Respondents. g
ORDER OF DISMISSAL
At Wilmington this _QjL day of June, 2006:
IT IS ORDERED that:
Petitioner Dwight W.H. Perkins, Jr.’s motion for voluntary
dismissal of his § 2254 application is GRANTED, and the above-
captioned matter is DISMISSED without prejudice. (D.I. 2l); See
Fed. R. Civ. P. 4l(a)(2).
Petitioner filed the instant motion after respondents filed
an answer to his habeas application. The answer explains that
petitioner’s application should be dismissed without prejudice
because it contains both exhausted and unexhausted claims. (D.I.
I7) Respondents also filed an answer to the motion consenting to
the dismissal of the application without prejudice. (D.I. 22)
Accordingly, the court directs the clerk to close the case.