Opinion
CRIMINAL ACTION NO. 1:17-CR-0249-MHC-LTW-2 CIVIL ACTION NO. 1:20-CV-2584-MHC-LTW
08-26-2020
AMMAR ROSS, Movant, v. UNITED SATES OF AMERICA, Respondent.
MOTION TO VACATE 28 U.S.C. § 2255 FINAL REPORT AND RECOMMENDATION
On June 19, 2020, the Court ordered Ammar Ross to either withdraw his construed 28 U.S.C. § 2255 motion or to submit an amended § 2255 motion within thirty days. (Doc. 115.) When Ross failed to do so, the Court entered a second order on July 28, 2020, directing him to show cause within twenty-one days why this action should not be dismissed for failure to prosecute and advising him that failure to respond could result in the dismissal of this action. (Doc. 119.) The copy of the second order that was mailed to Ross was returned as undeliverable. (Doc. 121.) The Court interprets Ross's failure to submit an amended § 2255 motion as a withdrawal of his initial motion.
Accordingly, the undersigned RECOMMENDS that this action be DISMISSED WITHOUT PREJUDICE for Ross's failure to comply with a lawful order of the Court and to provide a current address. See Fed. R. Civ. P. 41(b); LR 41.2(C), N.D.Ga LR 41.3(A)(2), NDGa.
IT IS FURTHER RECOMMENDED, pursuant to Rule 11 of the of the Rules Governing Section 2255 Proceedings for the United States District Courts, that the Court decline to grant Ross a certificate of appealability.
The Clerk is DIRECTED to terminate the referral of the § 2255 motion to the Magistrate Judge.
SO RECOMMENDED, this 26 day of August, 2020.
/s/_________
LINDA T. WALKER
UNITED STATES MAGISTRATE JUDGE