Ellis v. United States of America (INMATE 3)

Filing 7

ORDER re doc 6 the court construes this motion as Ellis's motion for dismissal under Rule 41 of the Federal Rules of Civil Procedure. Accordingly, it is ORDERED that: (1) Ellis's motion for dismissal under Fed.R.Civ.P. 41 (Doc. No. 6 ) is GRANTED. (2) This action under 28 U.S.C. § 2255 is DISMISSED without prejudice. Signed by Honorable Judge W. Harold Albritton, III on 4/11/2016. (kh, )

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

)
)
)
)
)
)
)
)
)

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Civil Action No. 2:15cv961-WHA
(WO)

ORDER
Petitioner Darryl Ellis has filed a motion to withdraw his pro se motion to vacate, set
aside, or correct sentence under 28 U.S.C. § 2255. Doc. No. 6. The court construes this motion
as Ellis’s motion for dismissal under Rule 41 of the Federal Rules of Civil Procedure.
Accordingly, it is ORDERED that:
(1) Ellis’s motion for dismissal under Fed.R.Civ.P. 41 (Doc. No. 6) is GRANTED.
(2) This action under 28 U.S.C. § 2255 is DISMISSED without prejudice.
DONE, this 11th day of April, 2016.

/s/ W. Harold Albritton III
SENIOR UNITED STATES DISTRICT JUDGE