Fields v. U.S., 5:13-CR-111-1H (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190110c16
Visitors: 17
Filed: Jan. 08, 2019
Latest Update: Jan. 08, 2019
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's Notice of Withdrawal of Motion to Vacate, [DE #174]. Due to the unique procedural posture of this case and out of an abundance of caution, the court construes petitioner's filing as a motion to voluntarily dismiss his claims without prejudice pursuant to Rule 41(a)(2). There being no objection, the court GRANTS petitioner's motion, [DE #174], and hereby DISMISSES WITHOUT PREJUDICE petitioner's
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's Notice of Withdrawal of Motion to Vacate, [DE #174]. Due to the unique procedural posture of this case and out of an abundance of caution, the court construes petitioner's filing as a motion to voluntarily dismiss his claims without prejudice pursuant to Rule 41(a)(2). There being no objection, the court GRANTS petitioner's motion, [DE #174], and hereby DISMISSES WITHOUT PREJUDICE petitioner's ..
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ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on petitioner's Notice of Withdrawal of Motion to Vacate, [DE #174]. Due to the unique procedural posture of this case and out of an abundance of caution, the court construes petitioner's filing as a motion to voluntarily dismiss his claims without prejudice pursuant to Rule 41(a)(2).
There being no objection, the court GRANTS petitioner's motion, [DE #174], and hereby DISMISSES WITHOUT PREJUDICE petitioner's claims against respondent. The clerk is directed to close this case.
Source: Leagle