United States Supreme Court

A federal court cannot recharacterize a pro se litigant's motion as a first section 2255 motion unless it first informs the litigant of its intent to recharacterize, warns the litigant that this recharacterization means that any subsequent section 2255 motion will be subject to the restrictions on "second or successive" motions, and provides the litigant an opportunity to withdraw the motion or to amend it so that it contains all the section 2255 claims he believes he has.

Appellate Information

• Decided 12/15/2003
• Published 12/15/2003

Judges

Court

• United States Supreme Court

Counsel