Warren v. USA
| Eric Dion Warren |
| USA |
| 5:2022cv00288 |
| November 14, 2022 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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Filing 3
ORDER: Warren filed a motion seeking equitable tolling of his deadline to file a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 (Dkt. No. 69 in his related Criminal Case). Because Warren included at least one ground on which he would challenge his sentence under Section 2255, and considering the deadlines imposed by the applicable statute of limitations, the Court exercises its discretion to recharacterize the pro se motion. The Clerk is directed to (1) terminate the motion in the criminal case, (2) open a new civil action under 28 U.S.C. 2255 with Warren's motion as the originating document, and (3) docket a copy of this order in the new civil action. Warren is ordered to either (1) complete and return the enclosed form used in this Court for actions filed under 28 U.S.C. 2255, or (2) notify the Court that he does not seek relief under Section 2255. Warren must comply with this order no later than 30 days from the date of this order. Failure to comply with this order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk is directed to provide to Warren, with service of this order, a standard form for cases filed under 28 U.S.C. 2255 (labeled "amended" and stamped with the civil action number assigned to the new civil action). (Note: Clerk mailed to Eric Dion Warren on 11/14/2022, an Amended 2255 Form, labeled with the new civil case number 5:22-CV-288.) (krr) (Ordered by Judge James Wesley Hendrix on 11/14/2022) (krr)
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| Filing 2 Notice and Instruction to Pro Se Party. (krr) |
| Filing 1 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 5:19-CR-76) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Mon Nov 14 10:36:05 CST 2022 (crt) |
| New Case Notes: A filing fee is not due for this case. (krr) |
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| Petitioner: Eric Dion Warren | |
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| Respondent: USA | |
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