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
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