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Perez-Herrera v. United States

United States District Court, N.D. Georgia, Rome Division

April 3, 2015

RICARDO PEREZ-HERRERA,
v.
UNITED STATES OF AMERICA Civi Action File No. 4:14-cv-076-HLM-WEJ

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 ("§ 2255 Motion") [27], on the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [35], and on Petitioner's Motion to Withdraw § 2255 Motion [42].

On April 7, 2014, Petitioner filed his§ 2255 Motion. (Docket Entry No. 27.) On February 27, 2015, Judge Johnson issued his Final Report and Recommendation, in which he recommended that the Court deny Petitioner's § 2255 Motion. (Docket Entry No. 35.) On March 20, 2015, the Court granted a Joint Motion to Reduce Sentence, and reduced Petitioner's sentence to 120 months of imprisonment. (Order of Mar. 20, 2015 (Docket Entry No. 40).) On April 3, 2015, Petitioner filed his Motion to Withdraw§ 2255 Motion. (Docket Entry No. 42.) The Court finds that it is appropriate to allow Petitioner to withdraw his§ 2255 Motion, and will deny the§ 2255 Motion without prejudice.

ACCORDINGLY, the Court ADOPTS the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [35]. The Court, however, GRANTS Petitioner's Motion to Withdraw § 2255 Motion [42], and DENIES AS MOOT AND WITHOUT PREJUDICE Petitioner's § 2255 Motion [27]. The Court DIRECTS the Clerk to CLOSE the civil case associated with Petitioner's § 2255 Motion: 4:14-CV-076-HLM-WEJ. The Court DECLINES to issue a certificate of appealability relating to the denial without prejudice of Petitioner's § 2255 Motion.

IT IS so ORDERED.


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