Opinion
Criminal No. G-99-06.
July 21, 2006
OPINION AND ORDER
On June 22, 2006, the United States Magistrate Judge issued a Report and Recommendation which re-characterized the "Motion to Eliminate Enhancements and Reduce Sentence" of Gaston Charles, Jr., as one brought under 28 U.S.C. § 2255 and recommended its dismissal. Following the issuance of the Report and Recommendation, Charles filed a "Motion to Withdraw the Motion to Eliminate Enhancements and Reduce Sentence." Under the circumstances Charles' Motion to Withdraw (Instrument no. 44) is GRANTED.
It is, therefore, ORDERED that Charles' re-characterized Motion under 28 U.S.C. § 2255 (Instrument no. 42) is DISMISSED without prejudice to Charles' ability, if any, to pursue a future initial § 2255 Motion.