WHITAKER v. U.S., 2:06-CR-17-FL (2012)
Court: District Court, E.D. North Carolina
Number: infdco20120611755
Visitors: 14
Filed: Jun. 08, 2012
Latest Update: Jun. 08, 2012
Summary: ORDER LOUISE W. FLANAGAN, District Judge. This matter is before the court on petitioner's motion to withdraw his motions to vacate under 28 U.S.C. 2255, which motion to withdraw was filed June 4, 2012 (DE # 56). Petitioner initially filed pro se motion to vacate under 28 U.S.C. 2255 on September 22, 2011 (DE # 46). Pursuant to court directive, petitioner re-filed motion to vacate on October 17, 2011 (DE # 48), this time on the proper form mailed to him by the Clerk of Court. On January 5
Summary: ORDER LOUISE W. FLANAGAN, District Judge. This matter is before the court on petitioner's motion to withdraw his motions to vacate under 28 U.S.C. 2255, which motion to withdraw was filed June 4, 2012 (DE # 56). Petitioner initially filed pro se motion to vacate under 28 U.S.C. 2255 on September 22, 2011 (DE # 46). Pursuant to court directive, petitioner re-filed motion to vacate on October 17, 2011 (DE # 48), this time on the proper form mailed to him by the Clerk of Court. On January 5,..
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ORDER
LOUISE W. FLANAGAN, District Judge.
This matter is before the court on petitioner's motion to withdraw his motions to vacate under 28 U.S.C. § 2255, which motion to withdraw was filed June 4, 2012 (DE # 56). Petitioner initially filed pro se motion to vacate under 28 U.S.C. § 2255 on September 22, 2011 (DE # 46). Pursuant to court directive, petitioner re-filed motion to vacate on October 17, 2011 (DE # 48), this time on the proper form mailed to him by the Clerk of Court. On January 5, 2012, counsel Jeffrey William Gillette filed notice of appearance on behalf of petitioner.
Petitioner informs in the instant motion that, after discussions with counsel, he believes it to be in his best interest to voluntarily withdraw his motions to vacate.1 The court finds that it is proper to GRANT petitioner's motion to withdraw (DE # 56). Petitioner is ALLOWED to WITHDRAW his motions to vacate under 28 U.S.C. § 2255 WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2).
SO ORDERED.
FootNotes
1. The court interprets petitioner's motion to withdraw to apply both to his original motion to vacate, lodged at docket entry number 46, and his corrected motion, lodged at docket entry number 48.
Source: Leagle
