Jones v. United States of America

Filing 10

ORDER granting Jones' 7 Motion to Dismiss Motion to Vacate, Set Aside, or Correct his Sentence, filed pursuant to 28 U.S.C. § 2255, without prejudice. The Clerk is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 3/14/2016. (ca)

3 the hiteb OtaftO flitrtct Court
for the boutblern itrttt t deorata
Jorunowta ibiion
ANTWAN JONES,
Petitioner,

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CIVIL ACTION NO.: 2:15-cv-26

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V.

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UNITED STATES OF AMERICA,
Respondent.

Case No. 2:12-cr-9

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ORDER

Presently before the Court is Petitioner Antwan Jones'
Motion to Dismiss his 28 U.S.C. § 2255 Motion to Vacate, Set
Aside, or Correct his Sentence. Dkt. No. 7. Jones' Motion is
GRANTED,

and Jones' Section 2255 Motion is DISMISSED without

prejudice. The Clerk of Court is DIRECTED to enter the
appropriate judgment of dismissal and to CLOSE this case.
Jones filed his Section 2255 Motion on February 26, 2015,
and asserted his counsel was ineffective for failing to file a
timely notice of appeal with the Eleventh Circuit Court of
Appeals and for failing to object to the firearm enhancement
contained in the Presentence Investigation Report. Dkt. No. 1,
p. 3. In response, the Government asserted Jones' Section 2255
Motion was untimely, and alternatively, Jones' claims of

AO 72A
(Rev. 8/82)

ineffective assistance were without merit. Dkt. No. 5, pp. 710, 11-20. Based on the Government's Response to his Section
2255 Motion, Jones filed a Motion to Dismiss his Section 2255
Motion.
Based on Jones' representations to this Court, Jones'
Motion to Dismiss is GRANTED. Jones' Motion to Vacate, Set
Aside, or Correct his Sentence, filed pursuant to 28 U.S.C.
2255, is DISMISSED without prejudice. The Clerk of Court is
DIRECTED to enter the appropriate judgment of dismissal and to

CLOSE this case.
SO ORDERED, this

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_day of /_/\J\.fr'

1(\J\

LISA GOBEY WOOD, EIE_JUDGE_
tJITED/STATES DISTRICT COURT
OUTF1RN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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2016.