Castro v. USA
| Tiffany Hernandez Castro |
| USA |
| 5:2022cv00289 |
| 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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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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Filing 4
ORDER: The Court orders the defendant to return the Section 2255 form or notify the Court that she does not seek relief under Section 2255 by no later than 01/12/2023. Failure to comply with this Order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Judge James Wesley Hendrix on 12/22/2022) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3,4. Thu Dec 22 14:57:26 CST 2022 (crt) |
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Filing 3
ORDER RECHARACTERIZING MOTION as to Tiffany Hernandez Castro: Defendant Tiffany Hernandez Castro filed a pro se motion seeking an extension of time to file her motion to vacate, set aside, or correct her sentence under 28 U.S.C. 2255.(Dkt. No. 53, in the related Criminal Case) Because Hernandez Castro included at least one ground on which she would challenge her 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 Hernandez Castro's motion as the originating document, and (3) docket a copy of this order in the new civil action. Hernandez Castro 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 she does not seek relief under Section 2255. She 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 mailed to Hernandez Castro, with service of this order, a standard form motion for cases filed under 28 U.S.C. 2255 (labeled "amended" and stamped with the civil action number assigned to the new civil action). (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-014) 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) |
| New Case Notes: A filing fee is not due for this case. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Mon Nov 14 11:11:06 CST 2022 (crt) |
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| Petitioner: Tiffany Hernandez Castro | |
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| Respondent: USA | |
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