United States Eleventh Circuit

When a district court re-characterizes a federal prisoner's post-conviction motion as a petition under 28 USC 2255, is does not render the prisoner's subsequent attempt to file a petition under 28 USC 2255 a "second or successive petition" subject to the AEDPA.

Appellate Information

• Decided 01/02/2002
• Published 01/02/2002

Judges

• WILSON, Circuit Judge:, Before WILSON, RONEY and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael G. Frick,Norman Daniel Lovein, Hall, Booth, Smith & Slover, PC, Brunswick, GA, for Petitioner-Appellant.


• For Appellees:
  
• Amy Lee Copeland, Savannah, GA, for Respondent-Appellee.