HENDERSON v. US, 01-2989
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.
- Submitted 07/30/2001
- Decided 08/29/2001
- Published 08/29/2001
- POSNER, Circuit Judge., Before FLAUM, Chief Judge, and BAUER and POSNER, Circuit Judges.
- United States Seventh Circuit
- 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.