U.S. v. JEFFRIES, 2:11-CR-20041. (2017)
Court: District Court, W.D. Arkansas
Number: infdco20170501i04
Visitors: 13
Filed: Apr. 27, 2017
Latest Update: Apr. 27, 2017
Summary: ORDER P.K. HOLMES, III , Chief District Judge . Before the Court is Defendant's Motion to Dismiss (Doc. 45) his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 (Doc. 39). The Motion to Vacate was stayed pending the decision of the United States Supreme Court in Beckles v. United States, ___ U.S. ___, 2017 W.L. 855781 (March 6, 2017). As a result of the Beckles decision, Defendant now seeks voluntary dismissal without prejudice pursuant to Federal Rule of C
Summary: ORDER P.K. HOLMES, III , Chief District Judge . Before the Court is Defendant's Motion to Dismiss (Doc. 45) his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 (Doc. 39). The Motion to Vacate was stayed pending the decision of the United States Supreme Court in Beckles v. United States, ___ U.S. ___, 2017 W.L. 855781 (March 6, 2017). As a result of the Beckles decision, Defendant now seeks voluntary dismissal without prejudice pursuant to Federal Rule of Ci..
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ORDER
P.K. HOLMES, III, Chief District Judge.
Before the Court is Defendant's Motion to Dismiss (Doc. 45) his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 39). The Motion to Vacate was stayed pending the decision of the United States Supreme Court in Beckles v. United States, ___ U.S. ___, 2017 W.L. 855781 (March 6, 2017). As a result of the Beckles decision, Defendant now seeks voluntary dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Following the Beckles decision, the Government filed a response to the Motion to Vacate asserting that Beckles precludes relief for Defendant. (Doc. 44). The Government also asserts the Motion to Vacate was not timely filed.
Rule 41(a)(2) provides for dismissal of an action "on terms that the Court considers proper" provided no counterclaim has been filed. Here, the Government has responded but has not asserted a counterclaim. Defendant seeks dismissal based on the ruling in Beckles, and the Court finds that dismissal is proper pursuant to Rule 41(a)(2).
IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss (Doc. 45) is GRANTED, and his petition is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Source: Leagle
