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U.S. v. Fenderson, 1:14CR010-A-S. (2018)

Court: District Court, N.D. Mississippi Number: infdco20180417b34 Visitors: 9
Filed: Apr. 16, 2018
Latest Update: Apr. 16, 2018
Summary: AMENDED ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO VOLUNTARILY DISMISS MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. 2255 SHARION AYCOCK , District Judge . Presently before the Court are Defendant Arthur Fenderson's Motion for Leave to File his Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. 2255 and his Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. 2255. In the Unopposed Motion to Voluntarily Dismiss his
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AMENDED ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO VOLUNTARILY DISMISS MOTION TO CORRECT SENTENCE UNDER 28 U.S.C.§ 2255

Presently before the Court are Defendant Arthur Fenderson's Motion for Leave to File his Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. § 2255 and his Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. § 2255. In the Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. § 2255, Defendant requests that his claims pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015) be dismissed without prejudice. The Government has indicated it has no objection to the voluntary dismissal, without prejudice, of the motion.

Upon due consideration, the Court grants Defendant's Motion for Leave to File his Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. § 2255 and his Unopposed Motion to Voluntarily Dismiss his Motion to Correct Sentence Under 28 U.S.C. § 2255 without prejudice. This order only applies to claims made pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015). All remaining claims will be addressed by separate order.

The prior order [242] filed April 4, 2018 is withdrawn, with this order to be substituted in its stead.

SO ORDERED.

Source:  Leagle

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