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Frankie J. Maines v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 24, 2012

FRANKIE J. MAINES, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Murphy, District Judge:

MEMORANDUM AND ORDER

Before the Court is Petitioner Frankie J. Maines's motion to dismiss her 28 U.S.C. § 2255 motion to vacate, set aside, or correct her sentence (Doc. 4). The Court has yet to issue an order pursuant to Rule 4 of the RULES GOVERNING SECTION § 2255 PROCEEDINGS, and there has consequently been no response from the United States. Petitioner's motion to dismiss without prejudice is therefore GRANTED, see Garrett v. United States, 178 F.3d 940, 942 (7th Cir. 1998), and this case shall be DISMISSED without prejudice. RULES GOVERNING SECTION § 2255 PROCEEDINGS R.12; FED.R.CIV.P. R.41(a). This case shall be CLOSED.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge

20120824

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