U.S. v. Birdine

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ANTHONY BIRDINE, Defendant

Court: United States District Court, D. Nebraska

Date published: Dec 18, 2008

CASE NO. 8:06CR202 (D. Neb. Dec. 18, 2008)

Opinion

CASE NO. 8:06CR202.

December 18, 2008

ORDER

LAURIE CAMP, District Judge

This matter is before the Court on the Defendant's motion to withdraw (Filing No. 119) his motion to vacate (Filing No. 116).

The Court advises the Defendant that withdrawing his currently filed motion to vacate will not prejudice the timely filing of his anticipated motion to vacate under 28 U.S.C. § 2255.

IT IS ORDERED:

1. The Defendant's motion to withdraw (Filing No. 119) is granted;

2. The Defendant's motion to vacate filed under 28 U.S.C. § 2255 (Filing No. 116) will be stricken, and the Clerk is directed to terminate the motion from the Court's pending motion list;

3. The Defendant's motions for leave to proceed in forma pauperis (Filing Nos. 117, 118) are denied as moot; and

4. The Clerk is directed to mail a copy of this order to the Defendant's last known address.