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    Williams v. Huttonsville Corr, 4th Cir. (2001)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael A. Williams. The district court had dismissed Williams' habeas corpus petition under 28 U.S.C. § 2254 without prejudice at Williams' own request for voluntary dismissal. The appeals court found that a voluntary dismissal without prejudice under Rule 41(a)(1) is not an appealable order, so it denied a certificate of appealability and dismissed the appeal.

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    Williams v. Huttonsville Corr, 4th Cir. (2001)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael A. Williams. The district court had dismissed Williams' habeas corpus petition under 28 U.S.C. § 2254 without prejudice at Williams' own request for voluntary dismissal. The appeals court found that a voluntary dismissal without prejudice under Rule 41(a)(1) is not an appealable order, so it denied a certificate of appealability and dismissed the appeal.

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    Filed: 2001-12-12 Precedential Status: Non-Precedential Docket: 01-6476

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael A. Williams. The district court had dismissed Williams' habeas corpus petition under 28 U.S.C. § 2254 without prejudice at Williams' own request for voluntary dismissal. The appeals court found that a voluntary dismissal without prejudice under Rule 41(a)(1) is not an appealable order, so it denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    5 views2 pages

    Williams v. Huttonsville Corr, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael A. Williams. The district court had dismissed Williams' habeas corpus petition under 28 U.S.C. § 2254 without prejudice at Williams' own request for voluntary dismissal. The appeals court found that a voluntary dismissal without prejudice under Rule 41(a)(1) is not an appealable order, so it denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6476

    MICHAEL A. WILLIAMS,
    Petitioner - Appellant,
    versus
    HUTTONSVILLE CORRECTIONAL CENTER; WILLIAM S.
    HAINES, Warden; JAMES T. PARKER, Administrator, Huntington Work Release Center; PAUL
    KIRBY, Commissioner, Division of Corrections,
    Respondents - Appellees.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
    District Judge. (CA-00-15-2)

    Submitted:

    October 17, 2001

    Decided:

    December 12, 2001

    Before MOTZ, TRAXLER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Michael A. Williams, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Michael A. Williams appeals the district courts order dismissing without prejudice his petition under 28 U.S.C.A. 2254
    (West 1994 & Supp. 2001), pursuant to Williams request for voluntary dismissal.

    A Fed. R. Civ. P. 41(a)(1) voluntary dismissal

    without prejudice is not appealable.

    Unioil, Inc. v. E.F. Hutton

    & Co., 809 F.2d 548, 555 (9th Cir. 1986).

    We accordingly deny a

    certificate of appealability and dismiss Williams appeal of this


    nonappealable order.

    We dispense with oral argument because the

    facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
    process.

    DISMISSED

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