Kirksey v. United States of America (INMATE 3)

Filing 34

ORDERED that: (1) Kirksey's 33 Motion for Voluntary Dismissal under FRCP 41(a)(2) is GRANTED; (2) This action under 28 USC § 2255 is DISMISSED without prejudice under Rule 41(a)(2). Signed by Honorable Judge W. Harold Albritton, III on 8/24/2015. (furn: calendar, eb)(term: PTC for 08/19/2015;Evidentiary Hearing for 08/26/2015) (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MARGARET KIRKSEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Civil Action No. 2:13cv360-WHA (WO) ORDER Petitioner Margaret Kirksey, through her counsel of record Everett M. Urech, has filed a motion to dismiss this action brought under 28 U.S.C. § 2255. Doc. No. 33. Attorney Urech represents that, after lengthy discussion, Kirksey elected to move for dismissal and instructed him to file the instant motion on her behalf. The court construes the instant motion as a Motion for Voluntary Dismissal under Federal Rule of Civil Procedure 41(a)(2). Upon consideration of this motion, it is ORDERED that: (1) Kirksey’s Motion for Voluntary Dismissal under Fed.R.Civ.P. 41(a)(2) (Doc. No. 33) is GRANTED. (2) This action under 28 U.S.C. § 2255 is DISMISSED without prejudice under Rule 41(a)(2). DONE, this 24th day of August, 2015. /s/ W. Harold Albritton III SENIOR UNITED STATES DISTRICT JUDGE 2

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