Opinion
Criminal 21 Cr. 247(PAE)
06-28-2023
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, mover this Honorable Court to voluntarily dismiss his Direct Appeal 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 Direct Appeal motion shall be dismissed.
Defendant's motion to voluntarily dismiss his appeal is properly directed to the United States Court of Appeals for the Second Circuit, This Court cannot act upon such a motion, and therefore denies it without prejudice to the defendant's right to make such a motion in the proper court. The Clerk of Court is requested to terminate the motion at Dkt. No. 278.
SO ORDERED.