White v. Hancock

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CORNELL WHITE, )
)
Petitioner, )
)
v. ) Case No. 1:25-cv-00136-JSD
)
GREGORY HANCOCK, )
)
Respondent. )
MEMORANDUM AND ORDER
This matter is before the Court on review of Petitioner Cornell White’s self-represented
filing titled “Motion to Dismiss Above Captioned Case and Clarify Issue Presented.” ECF No. 4.
This Motion appears to be in response to the Court’s January 28, 2026, Order directing Petitioner
to amend his petition and file a new motion to proceed in forma pauperis on Court-provided forms,
as required by the Court’s Local Rules. See ECF No. 3. Petitioner has not filed any amended
pleadings but instead, he argues in the instant Motion that he will “not receive a fair adjudication”
in this Court and requests that this case be dismissed “for lack of jurisdiction without prejudice.”
ECF No. 4 at 1-2.
The Court construes Petitioner’s Motion as a notice of voluntary dismissal filed pursuant
to Rule 41(a) of the Federal Rules of Civil Procedure. Petitioner’s motion will be granted, and this
case will be dismissed without prejudice.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion, construed as a motion to voluntarily
dismiss [ECF No. 4], is GRANTED.
IT IS FURTHER ORDERED that Petitioner’s application for writ of habeas corpus
pursuant to 28 U.S.C. § 2254 [ECF No. 1] is DISMISSED without prejudice.
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An Order of Dismissal will accompany this Memorandum and Order.
Dated this 9th day of February, 2026.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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