Opinion
CIVIL 1:21-cv-06612-NRB CRIM. 1:16-cr-808-NRB
05-20-2022
Anthony C. Johnson, Petitioner, v. United States of America Respondent.
PETITIONER'S MOTION TO WITHDRAW MOTION FOR DISCOVERY AND PRODUCTION OF DOCUMENTS PURSUANT TO RULE 6 GOVERNING 28 U.S.C. § 2255 PROCEEDINGS
NAOMI REICE BUCHWALD, UNITED STATES DISTRICT JUDGE
COMES NOW, Anthony C. Johnson (hereinafter Petitioner-Johnson, and Petitioner) in PRO-SE, in necessity, and hereby requests that this HONORABLE Court GRANT Petitioner's motion to WITHDRAW his previously filed motion requesting Leave To Conduct Discovery and Production of Documents pursuant to Rule 6 (a) and (b) Governing 28 U.S.C. § 2255 proceedings. In support, the Petitioner shows the Court the following:
1) On 5-12-22 FCI Schuylkill Officials located Petitioners personal/ property/legal documents that were previously reported "misplaced, lost, or destroyed" by FCI Hazelton/Schuylkill Correctional Systems staff, which in part consisted of the following:
a) Criminal History Records
b) Search warrant applications and orders
c) Reports of investigation
d) Sex offender registration forms
e) Prison calls/ Emails
f) Location data from GPS Device on Petitioners vehicle
2) GOOD CAUSE is shown because Production of requested Documents/ Discovery at this time/ will not only waste this Honorable Courts time/ but also, will not serve the "truly useful purpose" of preserving Judicial resources/ as Petitioners previously reported "misplaced/ lost/ or destroyed" personal property has now been located by FCI Schuylkill officials (SEE EXHIBIT A).
WHEREFORE NOW/ above premises considered/ the Petitioner Anthony C. Johnson/ hereby MOVES this HONORABLE Court to GRANT withdrawal of Petitioners motion of Leave to Conduct Discovery and for Production of Documents pursuant to Rule 6(a) and (b) Governing § 2255 proceedings.
DECLARATION
I, Anthony C. Johnson, herein declare under penalty of perjury that IM the Petitioner PRO-SE in the above stated matter and that the foregoing is true and correct based upon information and belief and not willfully false. I make this Declaration pursuant to 28 U.S.C. § 1746.
The motion is granted as moot. See Memorandum and Order dated May 11, 2022 (ECF No. 23).
Respectfully Submitted
Anthony C. Johnson
SO ORDERED.
Exhibit A