Morris v. United States of America

Filing 5

OPINION. An appropriate judgment will be entered. Signed by Honorable Myron H. Thompson on 4/28/2010. (cb, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GEORGE HOEY MORRIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Civil Action No. 2:09cv1147-MHT (WO)

OPINION On November 19, 2009, petitioner George Hoey Morris filed a pro se pleading styled as a "motion to overturn conviction," in which he asserts claims challenging the legality of his conviction and sentence for making a false statement in application and use of a passport. Through an order entered on December 28, 2009, this court informed Morris that his claims were properly presented in a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Additionally, in accordance with Castro v. United States, 540 U.S. 375 (2003), the court notified Morris of its intention to treat his filing as such a motion and directed Morris to advise the court if he wished to proceed on his motion under 28 U.S.C. § 2255; to amend his motion to assert additional claims under 28 U.S. § 2255; or to withdraw his motion. On January 14, 2010 , Morris filed a response to the court's December 28 order in which he states that he wishes to withdraw his November 19 motion. This court will

construe Morris's response as a motion to withdraw his November 19 filing and will grant the withdrawal motion . An appropriate judgment will be entered. DONE this 28th day of April, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE