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17-033 - MACHADO-CANTILLO v. USA


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17-033 - MACHADO-CANTILLO v. USA
February 21, 2017
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ENTRY Providing Castro Notice and Directing Further Proceedings - Mr. Machado-Cantillo is entitled to notice of the fact that this case has been opened as a section 2255 action, and notice that any subsequent motion pursuant to § 2255 would be subject to restrictions. The petitioner shall have through March 27, 2017, in which to either 1) file a statement asserting that his letter contains all of his claims of ineffective assistance of counsel and that the Court should proceed with the case as presented; or 2) file an amended motion to vacate under section 2255, with a complete statement of the claims and grounds on which he could and does challenge his conviction and/or sentence; or 3) withdraw his motion insofar as it could be thought to seek relief authorized by 28 U.S.C. § 2255. The clerk shall include with the petitioner's copy of this Entry a copy of a Pro Se 2255 Motion AO-243 Form and a copy of his letter in Spanish (docket 602) and English (docket 606). Mr. Machado-Cantillo shall place the cause number for this case, 4:17-cv-00033-TWP-TAB, and the word "AMENDED" on the front page of his amended section 2255 motion, if he chooses to file it. The clerk shall also update the docket by adding the petitioner's identification number, 15-43924, and facility name to his address on the docket. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/21/2017 (copy mailed to petitioner).(LBT)