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Bland v. French

United States District Court, Western District of Tennessee, Western Division

March 4, 2015

JOSEPH BLAND a/k/a PARINTA BLAND a/k/a JARRED BUTLER, Plaintiff,
v.
DANIEL T. FRENCH, ET AL., Defendants.

ORDER GRANTING PLAINTIFF’S MOTION TO WITHDRAW HIS MOTIONS FILED PURSUANT TO RULES 59(E) AND 60(B)

JAMES D. TODD UNITED STATES DISTRICT JUDGE

On March 8, 2014, Plaintiff, Joseph Bland a/k/a Parinta Bland a/k/a Jarred Butler, Bureau of Prisons (“BOP”) register number 18575-076, who is incarcerated at the Federal Correctional Institution Medium in Forrest City, Arkansas, filed a pro se civil complaint. (ECF No. 1.) The Court granted subsequently leave to proceed in forma pauperis and assessed the civil filing fee pursuant to 28 U.S.C. §§ 1915(a)-(b). (ECF No. 4.) On May 8, 2014, the Court addressed several pending motions, determined that Plaintiff’s action arose under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and dismissed the complaint (ECF No. 13); judgment was entered on May 12, 2014 (ECF No. 14).

On June 16, 2014, Plaintiff filed a motion pursuant to Federal Rules of Civil Procedure 59(e) and 60(b) in which he asked the Court to, inter alia, vacate the judgment and recharacterize the complaint as a proceeding under 28 U.S.C. §§ 2241 and/or 2255. (ECF No. 16.) However, on December 15, 2014, Plaintiff filed a motion to dismiss, or withdraw, his Rule 59(e) and 60(b) motion so that he can raise the issues in his pending § 2255 proceeding. See Bland v. United States, No. 14-2086-JPM-tmp (W.D. Tenn. filed Feb. 14, 2014). On the same day, Plaintiff filed an amended § 2255 motion in that proceeding. (Id., No. 14-2086, ECF No. 7.)

Plaintiff’s motion to withdraw his motion for post-judgment relief in this case is GRANTED. The Clerk is directed to terminate the Rule 59(e)/60(b) motion at docket entry number 16.

IT IS SO ORDERED.


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