Opinion
CASE NO. 5:06cr47/RS, CASE NO. 5:07cv248/RS-MD.
April 15, 2008
ORDER
Before me are the Magistrate Judge's Order, Report and Recommendation (Doc. 49) and Defendant's Affidavit (Doc. 47), in which he withdraws his motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence (Doc. 36). No objections have been filed.
IT IS ORDERED:
1. The Magistrate Judge's Order, Report and Recommendation is approved and is incorporated in this Order.
2. Defendant's request to withdraw his § 2255 motion is granted and that motion (Doc. 36) is dismissed.
3. The clerk is directed to close this file and the file of Case No. 5:07cv248/RS-MD.