Opinion
Case No. 2:99cv00710.
June 28, 2004
ORDER OF DISMISSAL
At a hearing on October 31, 2002, after consideration of the parties' briefing and the pertinent law, Magistrate Judge Alba announced his determination that Petitioner's contentions, even if true, would not alter the length of his sentence. Judge Alba accordingly ordered Petitioner to either file a brief in support of the § 2255 motion or prepare a withdrawal of the motion. Petitioner has failed to respond to the Court's Order.
This Court issued an Order to Show Cause on January 20, 2004, requiring Petitioner to respond in writing showing good cause why his case should not be dismissed for failure to prosecute. Petitioner has also failed to respond to this Order. The Court accordingly DISMISSES this matter with prejudice. IT IS SO ORDERED.