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, )

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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

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