Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, v. Enrique Guerrero-Leon, Defendant/Movant.

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No. CR 03-50147-PHX-MHM No. CV 05-1346-PHX-MHM (JCG) ORDER

Enrique Guerrero-Leon filed pro se and counseled Motions to Dismiss. (Docs. # 13, 14, 15). Guerrero-Leon requests that his outstanding motion to vacate sentence be dismissed because there appeared to be no reasonable basis to proceed. Because the government has not filed an answer, Guerrero-Leon's motion to vacate sentence filed pursuant to 28 U.S.C. § 2255 will be dismissed without prejudice. See Fed.R.Civ.P. 41(a)(1) (providing that "an action may be dismissed by the plaintiff without order of court by filing a notice of dismissal at any time before service by the adverse party of an answer, . . . [and] the dismissal is without prejudice").

Case 2:03-cr-50147-MHM

Document 16

Filed 10/25/2005

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IT IS THEREFORE ORDERED: (1) That the Motions to Dismiss (Docs # 13, 14, 15) are granted; and (2) That the Clerk of Court shall enter a judgment of dismissal without prejudice. DATED this 20th day of October, 2005.

Case 2:03-cr-50147-MHM

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-2Filed 10/25/2005

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