COOK v. PHILBEN

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION DANIEL DELANE COOK, Petitioner, CIVIL ACTION NO. v. 3:23-cv-00028-TES-CHW Warden EDWARD PHILBIN, Respondent. ORDER OF DISMISSAL Before the Court is Petitioner Daniel Delane Cook’s Motion to Withdraw [Doc. 9] his Petition [Doc. 1] for writ of habeas corpus under 28 U.S.C. § 2254. As grounds for his motion, Petitioner states that he “wishes to withdraw” the instant Petition “to prevent [a frivolous] cause[.]” [Doc. 9, p. 1]. In accordance with Smith v. Williams, the Court treats Petitioner’s motion as a…