ORDER

MICHAEL R. MERZ, Magistrate Judge.

This case is before the Court on Defendant's Motion to Voluntarily Dismiss the Most recently Filed Rule 60(b) and Doc. # 183's Rule 60(b) Motion from the Record (Doc. No. 189). Under the caption "Clarification," the Motion recites "Mr. Lewis recently within the last 3 days filed a Rule 60(b) motion of actual innocence. Mr. Lewis wishes to dismiss that motion voluntarily. Mr. Lewis had also another Rule 60(b) motion, Doc. #183 pending. Mr. Lewis wants to voluntarily dismiss that motion from the record also."

The only other motion filed within the last two months is Mr. Lewis' "Rule 60(b) Motion for Equitable Tolling through Actual Innocence of 18 U.S.C. 2113(e) Forced Accompaniment" (Doc. No. 190). The Court interprets Doc. No.189 to refer to Doc. No. 190. Accordingly, the first branch of Doc. No. 189 is GRANTED and Doc. No. 190 is deemed WITHDRAWN.

The second branch of Doc. No. 189 plainly refers to Doc. No. 183. That branch is also GRANTED and Doc. No. 183 is deemed WITHDRAWN.

Doc. No. 185 is the Magistrate Judge's Report and Recommendations recommending (1) denial of Doc. No. 183 and (2) denial of Doc. No. 184, Lewis's Motion to "Voluntarily Dismiss Prior Rule 60(b) from the Record." It appears this refers to Doc. No. 167, "Rule 60(b) Motion to Vacate," filed June 20, 2012. The Magistrate Judge recommended the Motion be denied on the merits (Doc. Nos. 168, 170). Judge Rose adopted that recommendation (Doc. No. 174), Lewis appealed (Doc. No. 176) and also filed a Motion for Reconsideration which Judge Rose denied (Doc. No. 177 and notation order). On June 28, 2013, the Sixth Circuit denied a certificate of appealability (Doc. No. 182) and Lewis' Motion to Voluntarily Dismiss the prior 60(b) motion followed. The second branch of the pending Report and Recommendations recommends denying the Motion to Voluntarily Dismiss because one cannot withdraw a motion after it has been decided adversely on the merits and the Court of Appeals has found no valid basis for appeal. The Magistrate Judge assumes that Lewis' purpose in attempting to "voluntarily dismiss" the prior 60(b) motion is to avoid the effect of its having been decided on the merits. This cannot be done.

Accordingly, the first branch of Doc. No. 185 is MOOT, but the second branch remains pending for consideration by the District Court. The Magistrate Judges notes that, although Lewis filed Objections to the Report (Doc. No. 187), none of those objections address the recommendation to deny the motion to voluntarily dismiss the prior Rule 60(b) motion.

Upon docketing this Order, the Clerk shall terminate Doc. Nos. 183, 189, and 190. Doc. Nos. 184 and the second branch of Doc. No. 185 remain pending for disposition by the District Judge.