Graham v. USA

Filing 3

ORDER: Petitioner is hereby notified that the Court finds that the instant motion, notwithstanding its designation, should be construed as a motion under 28 U.S.C. § 2255. This recharacterization means that any subsequent § 2255 motion will be subject to the restrictions on "second or successive" motions. Petitioner may withdraw the petition if she does not wish to pursue relief under § 2255 or she may amend the motion so that it contains all the § 2255 claims she w ants the Court to review. Should petitioner choose to withdraw the petition or amend the petition, she must notify the Court in writing within 30 days. Before petitioner decides to withdraw the instant petition, the Court advises her that any motion under § 2255 must be filed within the one-year statute of limitation period. No answer shall be required at this time and all further proceedings shall be stayed for 21 days from the date of the instant Order. If petitioner fails to notify the Court within 21 days that she wishes to withdraw this petition, it shall be adjudicated as a motion under § 2255. The Clerk of the Court is directed to mail a copy of this Order to plaintiff pro se. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 12/30/2009) C/mailed to Pro Se Plaintiff on 1/5/2010. (Latka-Mucha, Wieslawa)