Gonzalez v. United States

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CV-22940-RAR (20-CR-20155-RAR-5)

JONNATHAN JESUS GONZALEZ,

Movant,

v.

UNITED STATES OF AMERICA,

Respondent. _________________________________/

ORDER GRANTING MOVANT’S MOTION TO DISMISS WITH PREJUDICE

THIS CAUSE comes before the Court on Movant Jonnathan Jesus Gonzalez’s Motion to Dismiss with Prejudice. See Motion to Dismiss (“Mot.”) [ECF No. 28]. The Court had previously denied most of Movant’s Motion to Vacate under 28 U.S.C. § 2255, but granted an evidentiary hearing limited to “the ineffective assistance of counsel claim raised in Ground Two of the Motion.” Order Denying in Part Motion to Vacate [ECF No. 12] at 19. Movant now indicates, through counsel, that “he wishes to dismiss his § 2255 motion with prejudice.” Mot. at 1 (emphasis added). Having reviewed the motion, the record, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. Movant’s Motion to Dismiss with Prejudice [ECF No. 28] is GRANTED. 2. Pursuant to FED. R. CIV. P. 41(a)(2), Ground Two of Movant’s Motion to Vacate [ECF No. 1] is DISMISSED with prejudice. 3. Since Movant failed to make “a substantial showing of the denial of a constitutional right” a certificate of appealability related to any claim raised in the Motion to Vacate will NOT ISSUE. 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). 4. All hearings and deadlines are TERMINATED and all pending motions are DENIED as moot. 5. The Clerk is instructed to CLOSE the case. DONE AND ORDERED in Miami, Florida, on this 4th day of April, 2023.

RODOLFEO A. RUIZ I UNITED STATES DISTRICT JUDGE ce: Counsel of record Jonnathan Jesus Gonzalez 28548-509 Allenwood Low Federal Correctional Institution Inmate Mail/Parcels P.O. Box 1000 White Deer, PA 17887 PRO SE

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