Motion to Voluntarily Dismiss (§2255) — Alvin Maxwell v. United States of America, Case # 21 Cr 247 (PAE) (Document 276)

Summary

A pro se motion by Alvin Maxwell, dated April 18, 2023 and written from FCI Texarkana, to voluntarily dismiss his §2255 motion without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure, filed with the court's endorsement as Document 276 in Case 21 Cr 247 (PAE), in the U.S. District Court for the Southern District of New York. Maxwell argues that Rule 41(a) lets him dismiss before the respondent answers and that his motion was filed well within the one-year period. The court's endorsement of May 11, 2023 grants the motion, dismisses the petition without prejudice and directs the Clerk to close the related civil case, 23-CV-2254 (PAE).

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Case 1:21-cr-00247-PAE Document 276 Filed 05/11/23 Page 1of1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ALVIN MAXWELL,
Movant,
UNITED STATES OF AMERICA ,
Respondent.

Case # 21 Cr 247 (PAE)
Criminal # 21-CR-0024 7-PAE

MOTION TO VOLUNTARILY DISMISS
PURSUANT FED.R. CIV. P.41 (a)

COMES NOW, the Movant Alvin Maxwell, pro se, moves this Honorable Court to volu-
ntarily dismiss his §2255 motion without prejudice pursuant to Rule 41(a) of the

Federal Ruels of Civil Procedure. Rule 41(a) gives movant an absolute right to volu-
ntarily dimiss his action "without order of the court" as long as_ he files notice
of dismissal prior to the respondent's answer.United States v. Tamfu,2002 U.S. Dist.
LEXIS 19771 (N.D. TX. Oct.15, 2002)(discussing Rule 41 (a)).In this case, Movant's §-

2255 motion was filed well within the one year tolling period.

Therefore, dismissal of his pro se §2255 motion without prejudice is requested until

petitioner's one-year tolling period expires .

Respectfully sypmitted ;

Dae April 18, 2023

REG.NO. 77732-509

FCI Texarkana

Post Office Box 7000

Texarkana,Texas 75505

GRANTED. Petitioner Maxwell’s petition is dismissed, without prejudice. The Clerk of Court is requested to terminate the motion
at Dkt. No. 275. and to close the associated civil case at 23-CV-2254 (PAE).

5/11/2023
SO ORDERED.

PAUL A. ENGEE MAYER
United States eM Judge


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