Porterfield v. United States of America (INMATE 3)

Filing 5

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that petitioner's 4 MOTION to Withdraw is treated as a notice of dismissal and that this action is dismissed without prejudice by operation of Federal Rule of Civil Procedure 41; directing the clerk to close this case. Signed by Honorable Judge Myron H. Thompson on 11/20/17. (Attachments: # 1 civil appeals checklist)(djy, )

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

BRYANT PORTERFIELD,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO.
2:17cv725-MHT
(WO)

OPINION AND ORDER
On October 20, 2017, petitioner Bryant Porterfied
filed a pro se pleading styled as a “Motion to Compel
Specific Performance of an 11(c)(1)(C) Plea Agreement”
in

criminal

claims

2:09cr204-MHT,

apparently

sentence.
this

case

challenging

in

which

his

he

asserts

conviction

and

This court ordered the motion to be filed in

new

civil

case.

Through

an

order

entered

on

October 30, 2017, the court informed Porterfield that
his

claims

motion
pursuant

to
to

would

have

vacate,
28

set

U.S.C.

been

properly

aside,
§

2255.

or

presented
correct

in

a

sentence

Additionally,

in

accordance with Castro v. United States, 540 U.S. 375

(2003), the court notified Porterfield of its intention
to

treat

his

filing

as

such

a

motion

and

directed

Porterfield 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 November 9, 2017, Porterfield filed a response
to the court’s October 30 order in which he states that
he is not seeking relief under § 2255 and asks the
court to withdraw his motion.

The court will grant

Porterfield’s request to withdraw his motion and will
construe

Porterfield’s

response

as

a

notice

of

voluntary dismissal pursuant to Federal Rule of Civil
Procedure 41(a)(1)(A)(i).
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of

the

court

that

petitioner

Bryant

Porterfield’s

motion to withdraw (doc. no. 4) is treated as a notice
of dismissal and that this action is dismissed without
prejudice

by

operation

of
2

Federal

Rule

of

Civil

Procedure 41.
The clerk of the court is DIRECTED to close this
case.
DONE, this the 20th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE