Mora v. USA

Filing 3

ORDER pursuant to Castro v. United States by Chief Magistrate Judge Carmen E. Garza. The Clerk's office is directed to mail Plaintiff a form Section 2255 Motion with instructions. (ag)

Case 1:20-cv-00685-WJ-CG Document 3 Filed 07/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MORRIS MORA,
Movant,
v.

No. CV 20-685 WJ/CG
(No. CR 17-02384 WJ)

UNITED STATES OF AMERICA,
Respondent.
ORDER PURSUANT TO CASTRO V. UNITED STATES
THIS MATTER is before the Court on Movant Morris Mora’s Motion to Amend
Judgment and Sentence (“Motion”), filed on July 10, 2020. (CV Doc. 1); (CR Doc. 44).
The Court has also reviewed the docket in criminal case no. CR 17-02384 WJ RB. Mr.
Mora’s Motion challenges his conviction and sentence in CR 17-02384 WJ. (CV Doc. 1
at 1); (CR Doc. 44 at 1). The Court intends to recharacterize Mr. Mora’s Motion as a first
28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence.
Pursuant to Castro v. United States, 540 U.S. 375 (2003), when
a court recharacterizes a pro se litigant’s motion as a first § 2255
motion . . .the district court must notify the pro se litigant that it
intends to recharacterize the pleading, warn the litigant that this
recharacterization means that any subsequent § 2255 motion will
be subject to the restriction on “second or successive” motions,
and provide the litigant an opportunity to withdraw the motion or
to amend it so that it contains all the § 2255 claims he believes he
has.
Id. at 383. Consistent with Castro, the Court notifies Mr. Mora that it intends to
recharacterize his Motion as a first § 2255 motion and afford him an opportunity to
withdraw the motion or to amend it to add additional claims he may have. See Rule 2 of
the Rules Governing Section 2255 Proceedings for the United States District Courts

Case 1:20-cv-00685-WJ-CG Document 3 Filed 07/14/20 Page 2 of 2

(providing that a motion to vacate, set aside, or correct sentence must: “(1) specify all
grounds for relief available to the moving party; (2) state the facts supporting each
ground; (3) state the relief requested; (4) be printed, typewritten, or legibly handwritten;
and (5) be signed under penalty of perjury by the movant or by a person authorized to
sign it for the movant.” (emphasis added)). If Mr. Mora fails to timely amend or withdraw
his Motion, then Mora’s Motion will be recharacterized and any subsequent § 2255
motions will be subject to the restriction on “second or successive” motions in 28 U.S.C.
§§ 2244 and 2255(h).
IT IS THEREFORE ORDERED that Mr. Mora is GRANTED leave to amend or
withdraw his Motion, (CV Doc. 1), (CR Doc. 44), which the Court intends to
recharacterize as a first motion to vacate, set aside, or correct sentence under 28
U.S.C. § 2255, no later than September 15, 2020.
IT IS FURTHER ORDERED that the Clerk of the Court MAIL a copy of this
Order, together with a form § 2255 motion and instructions, to Mr. Mora.
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

2