Case Status

2 results

CASTRO, HERNAN O. v. UNITED STATES (36401)

    Order dated: 01/27/03
    Docket number: 02-6683
    Action:
        The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Does this Court have jurisdiction to review the Eleventh Circuit’s decision affirming the dismissal of a §2255 petition for writ of habeas corpus as second or successive?

CASTRO, HERNAN O. v. UNITED STATES (36401)

    Order dated: 10/06/03
    Docket number: 02-6683
    Action:
        The motion of petitioner for appointment of counsel is granted. Michael G. Frick, Esquire, of Brunswick, Georgia, is appointed to serve as counsel for the petitioner in this case.

A description of the questions presented by the case has been prepared:

When a United States District Court re-characterizes a pro-se federal prisoner's first post conviction motion as a habeas petition under 28 U.S.C. $2255, does such re-characterization render the prisoner's subsequent attempt to file a first titled ยง2255 petition a second or successive petition within the purview of the Antiterrorism and Effective Death Penalty Act (AEDPA)'.'

An opinion has been handed down: