Pippin v. United States of America (INMATE3)

Filing 26

REPORT AND RECOMMENDATIONS that Pippins motion to withdraw his motion for relief pursuant to 28 U.S.C. § 2255 motion be GRANTED; that this action be DISMISSED without prejudice. Objections to R&R due by 7/23/2009. Signed by Honorable Susan Russ Walker on 7/10/2009. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ERNEST PIPPIN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Civil Action No. 3:07cv613-MHT (WO) RECOMMENDATION OF THE MAGISTRATE JUDGE At a hearing held on July 10, 2009, petitioner Ernest Pippin ("Pippin"), through counsel, made an oral motion to withdraw his motion for relief pursuant to 28 U.S.C. 2255. At this hearing, after being questioned on the matter by the court, Pippin acknowledged on the record that it was his desire to withdraw his 2255 motion. CONCLUSION Accordingly, it is the RECOMMENDATION of the Magistrate Judge that: 1. Pippin's motion to withdraw his motion for relief pursuant to 28 U.S.C. 2255 motion be GRANTED; and 2. This action be DISMISSED without prejudice. It is further ORDERED that the parties shall file any objections to this Recommendation on or before July 23, 2009. A party must specifically identify the findings in the Recommendation to which objection is made; frivolous, conclusive, or general objections will not be considered. Failure to file written objections to the Magistrate Judge's proposed findings and recommendations shall bar a party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc). Done, this 10th day of July, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE 2

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