Ocampo v. Terris ( 2019 )

EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT JAMES OCAMPO, Petitioner, CASE NO. 2:19-CV-11322 v. HONORABLE NANCY G. EDMUNDS J. A. TERRIS, Respondent. / ORDER GRANTING PETITIONER’S MOTION TO DISMISS, DENYING HIS MOTION FOR A CHANGE OF VENUE, AND DISMISSING WITHOUT PREJUDICE THE HABEAS PETITION Petitioner Robert James Ocampo, a federal inmate, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his federal sentencing enhancement under the Armed Career Criminal Act (“ACCA”) based upon the decisions in Mathis v. United States, _ U.S. _, 136 S. Ct. 2243 (2016), and United States v. Ritchey, 840 F.3d 310 (6th Cir. 2016). This matter is before the Court on Petitioner’s motion to dismiss without prejudice his habeas petition, as well as his previously-filed motion for a change of venue. Having reviewed the matter, the Court finds that Petitioner should be allowed to voluntarily dismiss his habeas petition without prejudice. Accordingly, the Court GRANTS Petitioner’s motion to dismiss and DISMISSES WITHOUT PREJUDICE his habeas petition. Given this determination, the Court DENIES Petitioner’s motion for change of venue as unnecessary and moot. IT IS SO ORDERED. s/ Nancy G. Edmunds NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE Dated: September 25, 2019