SHARON LOVELACE BLACKBURN UNITED STATES DISTRICT JUDGE
MEMORANDUM OPINION
Martee Ray Davis filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [hereinafter "Motion to Vacate"]. (Doc. 1; crim. doc. 223.) The court found that Davis's Motion did not state a claim upon which relief could be granted and, therefore, entered an Order requiring Davis to show cause why his Motion to Vacate should not be dismissed. (See Show Cause Order, doc. 2, entered Jan. 4, 2019.)
Citations to documents in the court's record in petitioner's Motion to Vacate appear as "(doc. ___)." Citations to documents in the court's record in the criminal proceedings against petitioner, Case No. 2:14-CR-0114-SLB-JEO, appear as "(crim. doc. ___)." Page number citations refer to the page numbers assigned to the document by the court's CM/ECF electronic filing system. --------
Davis did file a response to the Show Cause Order. Therefore, the court will dismiss this action without prejudice based on Davis's failure to state a claim. An Order denying Davis's Motion to Vacate and dismissing this action will be entered contemporaneously with this Memorandum Opinion.
DONE this 1st day of February, 2019.
/s/_________
SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE