Cordova v. USA

Filing 20

ORDER dismissing as moot 13 Motion for an Order to Claim Jurisdiction over Petitioner; and granting Cordova's 19 Motion to Dismiss his Section 2255 Motion without prejudice. The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 8/2/2016. (csr)

D

'I

N the Uniteb Statto 3itritt Court
for the boutbern Marta of deorsta
runMuitk 32ibioton
DAVID CORDOVA,
Petitioner,

*
*
*
*

CIVIL ACTION NO.: 2:15-cv-119

*

V.

UNITED STATES OF AMERICA,
Respondent.

*
*
*
*

(Case No.: 2:97-cr-30)

ORDER
Movant David Cordova ("Cordova"), who is currently
incarcerated at Hancock State Prison in Sparta, Georgia, filed a
Motion to Vacate, Set Aside, or Correct his Sentence pursuant to
28 U.S.C. § 2255 in the Northern District of Georgia. Dkt.
No. 1. Because Cordova challenges his conviction and sentence
obtained in this Court, the Northern District of Georgia
transferred Cordova's Motion to this Court. Dkt. Nos.

4, 5.

This Court ordered service of Cordova's Motion on Respondent and
directed Respondent to respond to Cordova's Motion. Dkt.
No. 12. The Government filed a Response and asserted Cordova's
Motion should be dismissed as untimely. Dkt. No. 14. On
June 22, 2016, Cordova filed a Motion to Dismiss his
Section 2255 Motion, stating "it is clear he has made a mistake

AO 72A
(Rev. 8/82)

in filing his § 2255 after the [expiration of] the one year
statute of limitations." Dkt. No. 19,

p. 2. Respondent has not

responded to Petitioner's Motion to Dismiss.
Federal Rule of Civil Procedure 41(a) (2), "an action may be
dismissed at the [petitioner's] request only by court order, on
terms that the court considers proper. Unless the order states
otherwise, a dismissal under this paragraph . . . is without
prejudice." Rule 41 applies to Section 2255 proceedings.
Descent v. United States, Nos. 8:03-CV-2658 8:00-CR-186, 2006
WL 1152172, at *1 (M.D. Fla. Apr. 28, 2006) ; see also Rule 12
Governing Section 2255 Motions.
Upon due consideration, the Court GRANTS Cordova's Motion
to Dismiss his Section 2255 Motion voluntarily. The Court
DISMISSES Cordova's Section 2255 Motion without prejudice and
DISMISSES as moot Cordova's Motion for an Order to Claim

Jurisdiction over Petitioner. Dkt. No. 13. The Court DIRECTS
the Clerk of Court to enter the appropriate j

t of

dismissal and to CLOSE this case.
SO ORDERED,

this

k-W I.0
-I ely."

LISA GODBEY WOOTCHIEF JUDGE
UNITED ,$'TATES DISTRICT COURT
OUTHF,N DISTRICT OF GEORGIA

A() 72A
(Rev. 8/82)

2

1

2016.