Clavey v. United States of America

Filing 19

ORDER granting 18 Motion to Dismiss and 1 Motion to Vacate/Set Aside/Correct Sentence (2255) (CR11-3022-MWB) is dismissed in its entirety, with prejudice. Signed by Judge Mark W Bennett on 5/28/2014. (src)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION
RACHEL ANN CLAVEY,
No. C 12-3095-MWB
(No. CR 11-3022-MWB)

Petitioner,
vs.
UNITED STATES OF AMERICA,

ORDER DISMISSING
PETITIONER’S § 2255 MOTION

Respondent.
___________________________
This case is now before me on petitioner Rachel Ann Clavey’s May 27, 2014,
Motion To Dismiss (Civ. docket no. 18), filed with the assistance of counsel. In her
Motion To Dismiss, Clavely seeks dismissal of her December 10, 2012, pro se Motion
Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct A Sentence By A Person In
Federal Custody (§ 2255 Motion) (Civ. docket no. 1) in its entirety. In a Memorandum
Opinion And Order (docket no. 17), filed May 7, 2014, I did the following: (1) construed
Clavey’s counsel’s September 10, 2013, Supplemental Memorandum In Support Of
Application For Relief Pursuant To 28 U.S.C. § 2255 (Civ. docket no. 14) as an
Amended § 2255 Motion; (2) construed the respondent’s September 13, 2013, Motion
To Dismiss Petitioner’s Supplemental Memorandum In Support Of Application For
Relief Pursuant To 28 U.S.C. § 2255 (Cvi. docket no. 16) as a Motion To Strike an
unauthorized amendment of Clavey’s § 2255 Motion; (3) struck Clavey’s September 10,
2013, Supplemental Memorandum/Amended § 2255 Motion as both unauthorized and
legally insufficient; and (4) directed Clavey to file a supplemental brief in support of her
original § 2255 Motion, with the assistance of counsel, on or before May 30, 2014. In
the Motion To Dismiss now before me, Clavey’s counsel represents that he has discussed

my May 7, 2014, Memorandum Opinion And Order with Clavey via teleconference and
that Clavey has asked him to move for dismissal of this matter. I agree that dismissal of
this matter, with prejudice, is appropriate pursuant to Rule 41(a)(2) of the Federal Rules
of Civil Procedure.
THEREFORE,
1.

Petitioner Rachel Ann Clavey’s May 27, 2014, Motion To Dismiss (Civ.

docket no. 18) is granted; and
2.

Petitioner Rachel Ann Clavey’s December 10, 2014, pro se Motion Under

28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct A Sentence By A Person In Federal
Custody (§ 2255 Motion) (Civ. docket no. 1) is dismissed, in its entirety, with prejudice.
IT IS SO ORDERED.
DATED this 28th day of May, 2014.

______________________________________
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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