midpage

Gordon Jr. v. RardinGordon Jr. v. Rardin

District Court, E.D. Michigan
Jul 21, 2026
2:25-cv-13414

OPINION AND ORDER GRANTING PETITIONER’S MOTION TO STRIKE (ECF No. 3) AND DISMISSING PETITION (ECF No. 1) WITHOUT PREJUDICE

In October 2025, Petitioner Sammy R. Gordon, Jr. filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 while incarcerated at the Federal Correctional Institution in Milan, Michigan. ECF No. 1. In his petition, Gordon alleged that the Federal Bureau of Prisons (BOP) failed to properly apply his earned time credits under the First Step Act and the Second Chance Act. Id. But three months after filing his petition, Gordon filed a “motion to strike habeas action from court docket,” explaining that he did not want the Court to consider his petition because he was “attempt[ing] to secure professional representation.” ECF No. 3 at PageID.18. This Court will liberally construe Gordon’s request to “strike” his petition as a voluntarily dismissal of his petition without prejudice. If Gordon wishes to raise similar claims in the future, he must file a new petition.

Accordingly, it is ORDERED that Gordon’s Motion to Strike, ECF No. 3, is GRANTED. To that end, Gordon’s Petition, ECF No. 1, is DISMISSED WITHOUT PREJUDICE pursuant to Gordon’s own request.

This is a final order and closes the above-captioned case.

/s/Susan K. DeClercq

SUSAN K. DeCLERCQ

United States District Judge

Dated: July 21, 2026

Case Details

Case Name: Gordon Jr. v. Rardin
Court Name: District Court, E.D. Michigan
Date Published: Jul 21, 2026
Citation: 2:25-cv-13414
Docket Number: 2:25-cv-13414
Court Abbreviation: E.D. Mich.
Log In
    Gordon Jr. v. Rardin, 2:25-cv-13414