Opinion
Civil Action No. 2:09cv1147-MHT (WO).
April 28, 2010
OPINION
On November 19, 2009, petitioner George Hoey Morris filed a pro se pleading styled as a "motion to overturn conviction," in which he asserts claims challenging the legality of his conviction and sentence for making a false statement in application and use of a passport. Through an order entered on December 28, 2009, this court informed Morris that his claims were properly presented in a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Additionally, in accordance with Castro v. United States, 540 U.S. 375 (2003), the court notified Morris of its intention to treat his filing as such a motion and directed Morris to advise the court if he wished to proceed on his motion under 28 U.S.C. § 2255; to amend his motion to assert additional claims under 28 U.S. § 2255; or to withdraw his motion.
On January 14, 2010, Morris filed a response to the court's December 28 order in which he states that he wishes to withdraw his November 19 motion. This court will construe Morris's response as a motion to withdraw his November 19 filing and will grant the withdrawal motion. An appropriate judgment will be entered.