Allen v. United States of America

Filing 139

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Movant's Motion for Leave to Withdraw Pro Se Motion [doc. #131] is GRANTED. IT IS FURTHER ORDERED that Movant's Pro Se Motion to Address Issues Not Set Forth by Counsel in His § 2255 Motion at an Evidentiary Hearing [doc. #120] is DENIED, as moot. Signed by Honorable E. Richard Webber on July 2, 2010. (MGK)

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Allen v. United States of America Doc. 139 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BILLIE JEROME ALLEN, Movant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:07CV00027 ERW MEMORANDUM AND ORDER This matter comes before the Court on Movant Billie Jerome Allen's ("Movant") Pro Se Motion to Address Issues Not Set Forth by Counsel in His § 2255 Motion at an Evidentiary Hearing [doc. #120] and Movant's Motion for Leave to Withdraw Pro Se Motion [doc. #131]. On July 1st, 2010, the Court conducted an ex parte hearing on these Motions with Movant and his counsel. Movant represented that he has had adequate time to confer with his counsel about his Pro Se Motion and the issues presented therein, and that he and counsel are now in agreement as to how to proceed with his § 2255 Motion. As such, the Court finds that his decision to withdraw his Pro Se Motion is knowing, intelligent, and voluntary, and Movant's Motion for Leave to Withdraw will therefore be granted. Accordingly, IT IS HEREBY ORDERED that Movant's Motion for Leave to Withdraw Pro Se Motion [doc. #131] is GRANTED. Dockets.Justia.com IT IS FURTHER ORDERED that Movant's Pro Se Motion to Address Issues Not Set Forth by Counsel in His § 2255 Motion at an Evidentiary Hearing [doc. #120] is DENIED, as moot. Dated this 2nd Day of July, 2010. ____________________________________ E. RICHARD WEBBER UNITED STATES DISTRICT JUDGE 2

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