Jackson v. United States of America (INMATE 3)

Filing 5

OPINION: On 10/8/2013, Jackson filed a 4 response to the courts August 28 3 order in which states that he is not seeking relief under § 2255 and asks the court to dismiss his August 19 2 motion. This court construes Jacksons response as a request to withdraw his August 19 motion and a motion for voluntary dismissal of this action pursuant to Fed.R.Civ.P. 41(a)(2). The court will grant Jacksons request to withdraw his August 19 motion and grant the motion for voluntary dismissal. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 10/16/2013. (dmn, )

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

ERSKINE JACKSON,

)
)
Petitioner,
)
)
v.
)
)
UNITED STATES OF AMERICA, )
)
Respondent.
)

Civil Action No.
2:13cv596-MHT
(WO)

OPINION
On August 19, 2013, petitioner Erskine Jackson filed
a pro se pleading styled as a “Motion for Nunc Pro Tunc,”
in which he asserts claims apparently challenging his
sentence for federal controlled substance and firearm
offense.

Through an order entered on August 28, 2013,

this court informed Jackson 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 Jackson of its intention to
treat his filing as such a motion and directed Jackson to

advise the court if he wished (1) to proceed on his motion
under 28 U.S.C. § 2255; (2) to amend his motion to assert
additional claims under 28 U.S. § 2255; (3) or to withdraw
his motion.
On October 8, 2013, Jackson filed a response to the
court’s August 28 order in which states that he is not
seeking relief under § 2255 and asks the court to dismiss
his August 19 motion. This court construes Jackson’s
response as a request to withdraw his August 19 motion and
a motion for voluntary dismissal of this action pursuant
to Fed.R.Civ.P. 41(a)(2).

The court will grant Jackson’s

request to withdraw his August 19 motion and grant the
motion for voluntary dismissal. An appropriate judgment
will be entered.
DONE, this 16th day of October, 2013.

/s/ Myron H. Thompson
SENIOR UNITED STATES DISTRICT JUDGE