Brimite v. United States of America

Filing 14

ORDER granting 12 motion to voluntarily dismiss; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kcb)

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Brimite v. United States of America Doc. 14 Case 1:05-cv-00558-RHB Document 14 Filed 03/03/2006 Page 1 of 2 UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H ER N DIVISION W I L L I E JOE BRIMITE, M ova nt, File No. 1:05-CV-558 v. H O N . ROBERT HOLMES BELL U N I TE D STATES OF AMERICA, Res pon dent. / O R D E R GRANTING MOTION TO VOLUNTARILY DISMISS This is an action filed pursuant to 28 U.S.C. 2255 to vacate, set aside, or correct the sente n c e imposed by this Court upon Movant Willie Joe Brimite on June 23, 2003. On January 17, 2006, Movant filed a motion to voluntarily dismiss his 2255 action without p r e j u d ic e , or, in the alternative, to permit him to amend his 2255 application to add an entirely new claim of ineffective assistance of counsel (Docket #12). On January 27, 2006, t h i s Court denied the motion to amend but held in abeyance the motion to dismiss (Docket #13). The Court advised Movant that dismissal of his 2255 motion likely would result in M o v a n t foregoing all opportunity to have a 2255 motion reviewed on the merits by this Co urt. Since Movant's statute of limitations already has expired, the Court advised Movant t h a t any subsequently filed 2255 motion likely would be time-barred. The Court therefore i s s u e d an order holding the motion to dismiss in abeyance, and Movant was given 30 days f r o m the date of the order to withdraw his motion to voluntarily dismiss. Movant was Dockets.Justia.com Case 1:05-cv-00558-RHB Document 14 Filed 03/03/2006 Page 2 of 2 a d v i s e d that, should he fail to withdraw the motion, the motion to dismiss would be granted a n d Movant's 2255 application would be dismissed. T h e 30-day period for withdrawing the motion now has passed, and Movant has failed to withdraw his motion to voluntarily dismiss. As a consequence, in accordance with the C o u r t 's order of January 27, 2006, I T IS ORDERED that Movant Willie Joe Brimite's motion to voluntarily dismiss his 2255 motion (Docket #12) is GRANTED. I T IS FURTHER ORDERED AND ADJUDGED that Movant's 2255 motion to v a c a t e , set aside, or correct sentence (Docket #1) is DISMISSED WITHOUT P R E J UD I C E. Da te: March 3, 2006 /s/ Robert Holmes Bell ROBERT HOLM E S BELL C H IE F UNITED STATES DISTRICT JUDGE 2

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