U.S. v. BARELA, CR04-00648 RB (2017)
Court: District Court, D. New Mexico
Number: infdco20170323d61
Visitors: 1
Filed: Mar. 16, 2017
Latest Update: Mar. 16, 2017
Summary: ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL OF PETITIONER'S MOTION TO CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255 AND DISMISSING WITHOUT PREJUDICE ROBERT C. BRACK , District Judge . THIS MATTER is before the Court under Fed.R.Civ.P. 41(a)(2) on the Motion for Voluntary Dismissal of Petitioner's Motion to Correct Sentence Pursuant to 28 U.S.C. 2255 filed by Defendant/Movant, James C. Barela, Sr., on March 15, 2017. (CV Doc. 9). Sanchez seeks to dismiss this 2255 Motion without prej
Summary: ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL OF PETITIONER'S MOTION TO CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255 AND DISMISSING WITHOUT PREJUDICE ROBERT C. BRACK , District Judge . THIS MATTER is before the Court under Fed.R.Civ.P. 41(a)(2) on the Motion for Voluntary Dismissal of Petitioner's Motion to Correct Sentence Pursuant to 28 U.S.C. 2255 filed by Defendant/Movant, James C. Barela, Sr., on March 15, 2017. (CV Doc. 9). Sanchez seeks to dismiss this 2255 Motion without preju..
More
ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL OF PETITIONER'S MOTION TO CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255 AND DISMISSING WITHOUT PREJUDICE
ROBERT C. BRACK, District Judge.
THIS MATTER is before the Court under Fed.R.Civ.P. 41(a)(2) on the Motion for Voluntary Dismissal of Petitioner's Motion to Correct Sentence Pursuant to 28 U.S.C. § 2255 filed by Defendant/Movant, James C. Barela, Sr., on March 15, 2017. (CV Doc. 9). Sanchez seeks to dismiss this § 2255 Motion without prejudice in light of the U.S. Supreme Court's ruling in Beckles v. United States, ___ U.S. ___, 2017 WL 855781 (2017). The United States of America does not oppose the Motion. The Court finds the Motion for Voluntary Dismissal should be granted.
IT IS ORDERED:
(1) the Motion for Voluntary Dismissal of Petitioner's Motion to Correct Sentence Pursuant to 28 U.S.C. § 2255 filed by Defendant/Movant, Christopher Sanchez, on March 10, 2017 (CV Doc. 9) is GRANTED;
(2) the Motion to Correct Sentence Pursuant to 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 99) is DISMISSED WITHOUT PREJUDICE; and
(3) civil case No. CV 16-00562 RB/KK is CLOSED.
Source: Leagle
