Motion to Voluntarily Dismiss, Direct Appeal — Alvin Maxwell v. United States (Dkt. 279, S.D.N.Y.)

Summary

Document 279, filed 06/28/23, in Case 1:21-cr-00247-PAE, is a Motion to Voluntarily Dismiss in which the Movant, Alvin Maxwell, pro se, asks the Court to voluntarily dismiss his Direct Appeal without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. An endorsement states that the defendant's motion to voluntarily dismiss his appeal is properly directed to the United States Court of Appeals for the Second Circuit and that this Court cannot act upon such a motion. It denies the motion without prejudice to the defendant's right to make it in the proper court and asks the Clerk of Court to terminate the motion. The endorsement is marked SO ORDERED, with the name Paul A. Engelmayer.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

at Dkt. No. 278.

Case 1:21-cr-00247-PAE Document 279 Filed 06/28/23 Page 1of1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Movant,

Criminal No.21 Cr.247(PAE)

VS.

UNITED STATES OF AMERICA,
Respondent.

MOTION TO VOLUNTARILY DISMISS

PURSUANT FED. RY CIV. Po AT(a)

COMES NOW , the Movant Alvin :Maxwell,pro se, mover this Honorable Court
to voluntarily dismiss his Direct Appeal without prejudice pursuant to
Rule 41(a) of the Federal Rules of Civil Procedure.Rule 41(a) gives movant
an absolute right to voluntarily dismiss 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 Direct Appeal

motion shall be dismissed

Respectfully submitted,

Dated:April 22,2023 /

Federal Correctional IN
Post Office Box 7000

Texarkana,TX 75505

Defendant’s motion to voluntarily dismiss his appeal is properly directed to the United States Court of Appeals for the
Second Circuit. This Court cannot act upon such a motion, and therefore denies it without prejudice to the
defendant’s right to make such a motion in the proper court. The Clerk of Court is requested to terminate the motion

SO ORDERED. /28/2023

PAUL A. ENGELMAYER/
United States District Judge


File and source

File

279.pdf

Size

157,425 bytes

SHA-256

bf55ba0d4b7aea7fd35000786ff8705c385264fc259e0b905dd6d211b824f67d

Our copy

279.pdf

Original

No public link identified.