2023cv382670 Notice of Voluntary Dismissal
2023cv382670 Notice of Voluntary Dismissal
2023cv382670 Notice of Voluntary Dismissal
***EFILED***mJ
Date: 8/3/2023 9:44 PM
Che Alexander, Clerk
&
Hon. Robert McBurney,
in his capacity as Superior Court
Judge for the Atlanta Judicial Circuit,
Respondents.
14, 2023 for writs of mandamus and prohibition to vindicate his rights with
respect to the Fulton County District Attorney’s and the Supervising Fulton
the petition, the position in which the Petitioner had been placed was such that
his lawfully filed motion in the special purpose grand jury matter had been left
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Petitioner became manifestly imminent. At that time, the Petitioner had no
Petitioner is now aware that his complaint of inaction has been satisfied—
particularly through the Order of the Supervising Judge on July 31, 2023. It
appears that the grant of this Court of a hearing on this matter by way of the
Rule Nisi issued on July 28, 2023 was effective in pursuing the relief thus
requested in an expedient fashion. Although the Petitioner does not agree with
the Supervising Judge’s analysis or ruling, there are now other channels to seek
propriety of this special purpose grand jury and the ability of the Fulton County
could afford Petitioner and that any decision made by this Court would be
duplicative in nature, the Petitioner hereby dismisses his Petition and will
pursue his valid legal claims in the appropriate channels and forums as
permitted under the law. The petitioner is dismissing this action of his own
accord, which he may do under OCGA § 9-11-41 (a)(1)(A) prior to the first
witness having been sworn. Petitioner will now seek recourse via the processes
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Respectfully submitted on August 3, 2023 by:
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CERTIFICATE OF SERVICE
This is to certify that we have this day served the below- referenced counsel for
the opposing parties in the foregoing matter with a copy of the within: