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Phillips v. Kirkegard

Supreme Court of Montana

October 3, 2013

MICHAEL WAYNE PHILLIPS, Petitioner,
v.
LEROY KIRKEGARD, Respondent.

ORDER

Michael Wayne Phillips has sent a letter to the Clerk of the Supreme Court in which he requests cancellation of this proceeding and that the paperwork be returned to him. He indicates that he has only 10 more months to serve in prison and that he sought counsel and learned that he "took a B-l agreement that kept me from any pending charges or prosecution." He states that he served copies of the letter upon opposing counsel. The Respondent's counsel has not responded or objected to dismissal of the petition.

We deem this letter a motion for voluntary dismissal of the petition for a writ of habeas corpus. Good cause appearing,

IT IS ORDERED that the petition for a writ of habeas corpus is DISMISSED, without prejudice.

The Clerk is directed to provide copies hereof to counsel of record and to Michael Wayne Phillips.


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