Monroe v. United States

Opinion

Chambers of Vincent L. Briccetti ol ib UNITED STATES DISTRICT COURT Sees SOUTHERN DISTRICT OF NEW YORK tocar oe DARIUS MONROE, : ee heen Petitioner, ORDER 10 □□□ 21 CV 4901 (VB) UNITED STATES OF AMERICA, 18 CR 585-5 (VB) Respondent. : ee ee eee en ewe een nn ee eee ee eee een nee X By letter dated October 17, 2021 (Doc. #11 in Case No. 21 CV 4901), petitioner Darius Monroe informed the Court that he does not wish to have his pending Section 2241 motion recharacterized as a Section 2255 motion and that he wishes to withdraw the motion.

_ Accordingly, the pending Section 2241 motion is DISMISSED WITHOUT PREJUDICE as withdrawn. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962), The Clerk is instructed to close Case No. 21 CV 4901. Chambers will mail a copy of this Order to Monroe at the following address: Darius Monroe, Reg. No. 85814-054 USP Canaan U.S. Penitentiary P.O. Box 300 Waymart, PA 18472 Dated: October 28, 2021 White Plains, NY SO ORDERED: Vincent L. Briccetti United States District Judge