Porterfield v. United States of America (INMATE 3)
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
UNITED STATES OF AMERICA,
CIVIL ACTION NO.
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”
This court ordered the motion to be filed in
October 30, 2017, the court informed Porterfield that
accordance with Castro v. United States, 540 U.S. 375
(2003), the court notified Porterfield of its intention
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
voluntary dismissal pursuant to Federal Rule of Civil
Accordingly, it is the ORDER, JUDGMENT, and DECREE
motion to withdraw (doc. no. 4) is treated as a notice
of dismissal and that this action is dismissed without
The clerk of the court is DIRECTED to close this
DONE, this the 20th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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