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Smith v. United States

United States District Court, E.D. North Carolina, Western Division

March 2, 2014

RODNEY FRANCES SMITH, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER

TERRENCE W. BOYLE, District Judge.

On January 24, 2014, the Court gave notice to Rodney Smith, that the Court intended to construe his motion for status update regarding direct appeal [DE 54] as a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255. [DE 59]. The Court has received correspondence from petitioner indicating that he does not wish to file a§ 2255 motion. [DE 62]. Accordingly, the Court DOES NOT CONSTRUE petitioner's earlier letter [DE 54] to be a § 2255 motion.

The Clerk is directed to clear the docket of pending motion entries 54 and 62.

SO ORDERED.


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