Bryant v. United States, 5:04-CR-369-1H (2020)
Court: District Court, E.D. North Carolina
Number: infdco20200318c00
Visitors: 17
Filed: Mar. 16, 2020
Latest Update: Mar. 16, 2020
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's Motion to Withdraw his Motion to Vacate, [DE #149]. 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 Fed. R. Civ. P. 41(a)(2). Therefore, the court GRANTS petitioner's motion, [DE #149], and hereby DISMISSES petitioner's motion to vacate, [DE #
Summary: ORDER MALCOLM J. HOWARD , Senior District Judge . This matter is before the court on petitioner's Motion to Withdraw his Motion to Vacate, [DE #149]. 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 Fed. R. Civ. P. 41(a)(2). Therefore, the court GRANTS petitioner's motion, [DE #149], and hereby DISMISSES petitioner's motion to vacate, [DE #1..
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ORDER
MALCOLM J. HOWARD, Senior District Judge.
This matter is before the court on petitioner's Motion to Withdraw his Motion to Vacate, [DE #149]. 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 Fed. R. Civ. P. 41(a)(2). Therefore, the court GRANTS petitioner's motion, [DE #149], and hereby DISMISSES petitioner's motion to vacate, [DE #122]. The clerk is directed to close this case.
Source: Leagle