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, )

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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

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