Groves v. Atkinson

Filing 28

ORDER: The Petitioner's § 2241 Petition is recharacterized as a § 2255 motion, and the Clerk of Court shall close this case and file this motion in Petitioner's criminal case, United States v. Groves, Criminal No. 8:11-2356-JMC-5 (D.S.C.), for further proceedings. Signed by Honorable Timothy M Cain on 8/5/2013. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION

Kelvin Groves,
Petitioner,
v.

Kenny Atkinson, Warden,
Respondent.

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C/A No. 5:13-1367-TMC

ORDER

Petitioner, a federal prisoner proceeding pro se, filed this action pursuant to 28 U.S.C. §
2241, challenging a federal sentence imposed by the United States District Court for the District
of South Carolina.
In a prior order, (ECF No. 22), the court determined that the instant petition should be
converted to a motion under § 2255 and, accordingly, gave Petitioner an opportunity to express
his consent to the conversion or to withdraw or amend his petition. See Castro v. United States,
540 U.S. 375, 383 (2003). The court also informed Petitioner that second or successive motions
under § 2255 generally are prohibited, and would have to be certified by a panel of the Fourth
Circuit Court of Appeals under limited circumstances. See 28 U.S.C. § 2255(h). Petitioner was
ordered to file a response to the court’s Order by August 6, 2013, indicating whether he consents
to having his petition converted to a § 2255 motion. Petitioner filed a response on August 1,
2013, consenting to the conversion. (ECF No. 25).
Therefore, based on the foregoing, it is ORDERED that the Petitioner’s § 2241 Petition
is recharacterized as a § 2255 motion, and the Clerk of Court shall close this case and file this

motion in Petitioner’s criminal case, United States v. Groves, Criminal No. 8:11-2356-JMC-5
(D.S.C.), for further proceedings.
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
August 5, 2013

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