Harris v. United States of America

Filing 139

ORDER granting movant's 138 MOTION to withdraw his § 2255 motion; denying as moot movant's 130 and 135 MOTIONS to Vacate, Set Aside or Correct Sentence (2255); and directing this case removed from the Court's docket. Signed by Judge Thomas E. Johnston on 12/30/2014. (cc: movant; attys; any unrepresented party) (taq)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION LAMONT VAN HARRIS, Petitioner, v. CIVIL ACTION NO. 2:14-cv-21022 (Criminal No. 2:11-cr-00240) UNITED STATES OF AMERICA, Respondent. ORDER On July 8, 2014, Movant Lamont Van Harris filed a pro se letter-form motion to set aside his conviction under 28 U.S.C. § 2255 and requesting a § 2255 motion form [ECF 130]. By Standing Order entered on May 7, 2014, Movant’s motion was referred to Magistrate Judge Cheryl A. Eifert on July 14, 2014, for the submission of proposed findings of fact and a recommendation for disposition. On August 6, 2014, Magistrate Judge Eifert Court ordered the Clerk of Court to provide Movant with a § 2255 form and with a copy of the instructions on how to complete and file the form. After receiving the motion form, on October 3, 2014, Movant filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [ECF 135]. The United States filed a response on October 22, 2014. On November 7, 2014, Movant moved to withdraw his § 2255 motion [ECF 138]. Movant asserted that his § 2255 motion “lacks constitutional grounds where constitutional questions exist,” that “petitioner inadequately asserted conflict of interest claims,” and that his § 2255 motion was frivolously filed. Movant also noted that he is indigent and without legal skills and knowledge to prepare motions, that he obtained legal assistance from an inmate litigator, and that he wishes to re-characterize his motion. Accordingly, the Court GRANTS Movant’s motion to withdraw his § 2255 motion [ECF 138], DENIES AS MOOT Movant’s § 2255 motions [ECF 130 & 135], and DIRECTS the Clerk to remove this case from the Court’s docket. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 30, 2014

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