GREENOUGH v. U.S., 8:01-cr-432-T-30TGW (2014)
Court: District Court, M.D. Florida
Number: infdco20140513h20
Visitors: 14
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: ORDER JAMES S. MOODY, Jr., District Judge. This cause comes before the Court on Petitioner's Motion to Dismiss Without Prejudice (CV Dkt. 3) which the Court construes as a notice of dismissal of Petitioner's 28 U.S.C. 2255 motion to vacate sentence, filed pursuant to Fed. R. Civ. P., Rule 41(a)(1)(A)(i). 1 UPON consideration, the Court ORDERS that this action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i). 2 The Clerk shall terminate all pending motions an
Summary: ORDER JAMES S. MOODY, Jr., District Judge. This cause comes before the Court on Petitioner's Motion to Dismiss Without Prejudice (CV Dkt. 3) which the Court construes as a notice of dismissal of Petitioner's 28 U.S.C. 2255 motion to vacate sentence, filed pursuant to Fed. R. Civ. P., Rule 41(a)(1)(A)(i). 1 UPON consideration, the Court ORDERS that this action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i). 2 The Clerk shall terminate all pending motions and..
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ORDER
JAMES S. MOODY, Jr., District Judge.
This cause comes before the Court on Petitioner's Motion to Dismiss Without Prejudice (CV Dkt. 3) which the Court construes as a notice of dismissal of Petitioner's 28 U.S.C. § 2255 motion to vacate sentence, filed pursuant to Fed. R. Civ. P., Rule 41(a)(1)(A)(i).1
UPON consideration, the Court ORDERS that this action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(i).2 The Clerk shall terminate all pending motions and close this case.
DONE and ORDERED.
FootNotes
1. Rule 12 of the Rules Governing § 2255 Proceedings provides that "[t]he Federal Rules of Civil Procedure. . ., to the extent that they are not inconsistent with any statutory provisions or these rules, may be applied to a proceeding under these rules."
2. The dismissal without prejudice does not excuse Petitioner from the one-year period of limitation for raising a habeas corpus petition in federal court. 28 U.S.C. § 2244(d); 28 U.S.C. § 2255(f). See also Duncan v. Walker, 533 U.S. 167, 182 (2001) (holding that "an application for federal habeas corpus review is not an `application for State post-conviction or other collateral review' within the meaning of 28 U.S.C. § 2244(d)(2). Section 2244(d)(2) therefore did not toll the limitation period during the pendency of [the] first federal habeas petition.").
Source: Leagle
