Ransom v. USA

Filing 7

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's motion to withdraw his 2255 Motion to vacate or correct sentence 5 , which is in effect a motion for voluntary dismissal of his petition, is hereby GRANTED. This civil action is DISMISSED WITHOUT PREJUDICE on the request of the Plaintiff. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 11/07/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RAY LEE RANSOM JR.

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:13cv792

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Movant Ray Ransom, proceeding pro se, filed this motion to vacate or correct his
sentence under 28 U.S.C. §2255. This Court ordered that the case be referred to the United States
Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption
of Local Rules for the Assignment of Duties to United States Magistrate Judges.
After review of the pleadings and records, the Magistrate Judge issued a Report on October
23, 2013, recommending that the motion to vacate or correct sentence be dismissed without
prejudice because Ransom’s direct appeal is still pending. See United States v. Bernegger, 661 F.3d
232, 243 (5th Cir. 2011). Ransom did not file objections to the Report; instead, he filed a motion
asking that his §2255 motion be withdrawn.
The Court has reviewed the pleadings and the Report of the Magistrate Judge and has
determined that this Report is correct. Nonetheless, Ransom’s request for voluntary dismissal should
be granted. See Carter v. United States, 547 F.2d 258, 259 (5th Cir. 1977) (plaintiff has absolute
right to dismiss his complaint under Rule 41(a), Fed. R. Civ. P., prior to the filing of an answer or
motion for summary judgment); Thomas v. Phillips, 83 Fed.Appx. 661, 2003 WL 22965565 (5th
Cir., December 17, 2003) (citing Carter). It is accordingly

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ORDERED that the Plaintiff’s motion to withdraw his §2255 motion to vacate or correct
sentence (docket no. 5), which is in effect a motion for voluntary dismissal of his petition, is hereby
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GRANTED. It is further
ORDERED that the above-styled motion to vacate or correct sentence is DISMISSED
WITHOUT PREJUDICE on the request of the Plaintiff. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
It is SO ORDERED.
SIGNED this 7th day of November, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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