United States First Circuit

When a district court, acting sua sponte, converts a post-conviction motion filed under some other statute or rule into a Section 2255 petition, without notice and an opportunity to be heard, the motion ordinarily will not count as a "first" habeas petition sufficient to trigger AEDPA's gatekeeping requirements.

Appellate Information

• Decided 12/01/2000
• Published 12/01/2000

Judges

• SELYA, Circuit Judge., Before SELYA, BOUDIN and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tina Schneider, by appointment of the court, for appellant.


• For Appellees:
  
• Peter E. Papps, Assistant United States Attorney, with whom Paul M. Gagnon, United States Attorney, was on brief, for appellee.