United States Seventh Circuit

Where the district court fails to advise the mislabeling movant that his motion may be deemed a section 2255 motion and offer a chance to withdraw it, the mislabeled motion will not be deemed a section 2255 motion requiring permission for a subsequent 2255 motion.

Appellate Information

• Decided 08/29/2001
• Published 08/29/2001

Judges

• POSNER, Circuit Judge., Before FLAUM, Chief Judge, and BAUER and POSNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael Henderson, Federal Medical Center, Lexington, KY, for petitioner.


• For Appellees:
  
• Keith C. Syfert, Office of the United States Attorney, Rockford, IL, for respondent.