Smith v. United States of America (INMATE 3)

Filing 6

ORDERED that upon consideration of the 5 Notice, this action has been dismissed without prejudice by operation of Rule 41. The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 8/26/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
MARCUS RASHAWN SMITH DIVISION
MARCUS RASHAWN SMITH,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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) CASE NO. 2:15cv457-WKW
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(WO)
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ORDER

On about June 20, 2015, petitioner Marcus Rashawn Smith (“Smith”) filed a
pro se motion seeking to proceed under Federal Rule of Civil Procedure 60(b)(4)
in asserting claims challenging his convictions for bank robbery and federal
firearms offenses. (Doc. # 1.) In an Order entered on July 2, 2015 (Doc. # 3), the
court informed Smith 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
Smith of its intention to treat his filing as such a motion. The court further directed
Smith to advise 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. (Doc. # 3 at pp. 2-3.)

Smith filed a response to the court’s Order in which he stated that he desired
to withdraw his motion. (Doc. # 5.) The court construes Smith’s response as a
Notice of Voluntary Dismissal of Action under Federal Rule of Civil Procedure
41(a)(1)(A)(i). Upon consideration of the Notice, this action has been dismissed
without prejudice by operation of Rule 41.
The Clerk of the Court is DIRECTED to close this case.
DONE this 26th day of August, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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