Filed: Mar. 28, 2017
Latest Update: Mar. 28, 2017
Summary: ORDER SUSAN O. HICKEY , District Judge . Movant, a defendant in this criminal matter, confined to the Federal Bureau of Prisons, Beaumont, Texas, has filed a Notice of Dismissal (ECF No. 59) of his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255. ECF No. 54. He seeks dismissal without prejudice. The Motion to Vacate had been previously stayed pending the decision of the United States Supreme Court in Beckles v. United States, ___ U.S. ___, 2017 W.L. 855781 (
Summary: ORDER SUSAN O. HICKEY , District Judge . Movant, a defendant in this criminal matter, confined to the Federal Bureau of Prisons, Beaumont, Texas, has filed a Notice of Dismissal (ECF No. 59) of his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255. ECF No. 54. He seeks dismissal without prejudice. The Motion to Vacate had been previously stayed pending the decision of the United States Supreme Court in Beckles v. United States, ___ U.S. ___, 2017 W.L. 855781 (M..
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ORDER
SUSAN O. HICKEY, District Judge.
Movant, a defendant in this criminal matter, confined to the Federal Bureau of Prisons, Beaumont, Texas, has filed a Notice of Dismissal (ECF No. 59) of his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. ECF No. 54. He seeks dismissal without prejudice. The Motion to Vacate had been previously stayed pending the decision of the United States Supreme Court in Beckles v. United States, ___ U.S. ___, 2017 W.L. 855781 (March 6, 2017).
The Government has not responded to the Motion to Vacate and therefore dismissal is proper pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i). Movant's Notice of Dismissal is proper and the Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 54) is DISMISSED without prejudice.
