Opinion
21 Cr 247 (PAE) Criminal 21-CR-00247-PAE
05-11-2023
ALVIN MAXWELL, Movant, v. UNITED STATES OF AMERICA, Respondent.
ALVIN MAXWELL, PRO SE.
ALVIN MAXWELL, PRO SE.
MOTION TO VOLUNTARILY DISMISS PURSUANT FED.R. CIV. P.41 (a)
PAUL A. ENGELMAYER, UNITED STATES DISTRICT JUDGE
COMES NOW, the Movant Alvin Maxwell, pro se, moves this Honorable Court to voluntarily dismiss his §2255 motion without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a) gives movant an absolute right to voluntarily dismiss his action "without order of the court" as long as he files notice of dismissal prior to the respondent's answer. United States v. Tamfu, 2002 U.S. Dist. LEXIS 19771 (N.D.TX. Oct.15, 2002)(discussing Rule 41 (a)).In this case, Movant's §-2255 motion was filed well within the one year tolling period.
Therefore, dismissal of his pro se §2255 motion without prejudice is requested until petitioner's one-year tolling period expires.
GRANTED. Petitioner Maxwell's petition is dismissed, without prejudice. The Clerk of Court is requested to terminate the motion at Dkt. No. 275. and to close the associated civil case at 23-CV-2254 (PAE).
SO ORDERED.