Stanley v. Williams
- Charles Breyer
- 3:21-cv-08347
- U.S. District Court · Northern District of California
- 1
In Stanley v. Williams, Judge Breyer dismissed Stanley’s civil action without prejudice after he requested habeas forms instead.
Jerry Frank Stanley’s civil action was dismissed without prejudice. The clerk was directed to send him two blank habeas petition forms, and the case was closed.
What happened
In Stanley v. Williams, Jerry Frank Stanley told the court that he did not want to file the civil lawsuit and instead wanted two habeas petition forms.
The court treated his letter as a voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A) and dismissed the action without prejudice. The clerk was ordered to send him two blank habeas petition forms, close the case, and terminate pending motions as moot.
Judge Charles R. Breyer issued the order on November 22, 2021. The court did not decide the underlying claims or any habeas petition.
The detailed version
- Stanley v. Williams · No. 3:21-cv-08347
- Charles Breyer
- Nov. 22, 2021
Background
Jerry Frank Stanley sent a letter to the clerk and the court stating that he did not want to file the civil lawsuit in this case and instead wanted two habeas petition forms.
Court’s ruling
The court construed the letter as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A). That rule allows a plaintiff to voluntarily end an action in the circumstances identified by the rule. The court dismissed the action without prejudice.
The court directed the clerk to send Stanley two blank habeas petition forms, close the case, and terminate all pending motions as moot. The order did not decide the merits of Stanley’s civil claims or any habeas petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.