Rose v. United States of America (INMATE3)

Filing 40

JUDGMENT that petitioner Fanseco M. Rose's 38 motion to withdraw habeas petition is granted and that 1 motion to vacate, set aside, or correct sentence is withdrawn; that petitioner Rose's 36 motion to withdraw habeas petition is deni ed as moot; that the parties are to bear their own costs; that all other outstanding motions are denied as moot; that the clerk is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure; that this case is closed. Signed by Honorable Judge Myron H. Thompson on 8/10/2011. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

FANSECO M. ROSE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
2:10cv1046-MHT
(WO)

JUDGMENT
Based upon the representations made before the United
States Magistrate Judge in open court on August 8, 2011,
it is the ORDER, JUDGMENT, and DECREE of the court that
petitioner Fanseco M. Rose’s motion to withdraw habeas
petition (doc. no. 38) is granted and that the motion to
vacate, set aside, or correct sentence (doc. no. 1) is
withdrawn.
It is further ORDERED that petitioner Rose’s motion
to withdraw habeas petition (doc. no. 36) is denied as
moot.

It is further ORDERED that the parties are to bear
their own costs.
It is further ORDERED that all other outstanding
motions are denied as moot.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 10th day of August, 2011.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE