UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION

CINDY LOUISE HYCHE DUNN, Petitioner,

v. 7:23-cv-430-CLM-HNJ

WARDEN KIMBERLY NEELY, Respondent.

MEMORANDUM OPINION AND ORDER Petitioner Cindy Louise Hyche Dunn has petitioned for a writ of habeas corpus under

. (Doc. 1). The magistrate judge has entered a report, recommending the court grant Respondent Kimberly Neely’s motion for summary dismissal (doc. 10), to the extent that Dunn seeks relief under

. (Doc. 13). The magistrate judge also recommends that the court notify Dunn that it intends to recharacterize the petition as a motion to vacate, set aside, or correct a sentence under

, warn Dunn that recharacterization will subject any subsequent § 2255 motions to the restriction on second or successive motions, and grant Dunn leave to amend or withdraw the motion. (Doc. 13). see Castro v. United States,

(2003). The court has received no objections to the magistrate judge’s recommendation. After considering the record, including the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Consistent with that recommendation, the court GRANTS Neely’s motion for summary dismissal (doc. 10) and DISMISSES Dunn’s petition for writ of habeas corpus, to the extent that Dunn seeks relief under

. The court notifies Dunn that it intends to recharacterize her petition as a motion to vacate, set aside, or correct a sentence under

and warns Dunn that the recharacterization will subject any subsequent § 2255 motions to the restriction on second or successive motions under § 2255(h). See Castro,

. Dunn has until on or before March 138, 2024, to (1) file an amended motion to vacate, set aside, or correct a sentence under

that includes all available claims, or (2) withdraw the motion. The court DIRECTS the Clerk of Court to send a copy of this order to Dunn at her address of record. Done and Ordered on February 28, 2024.

ne MAZE UNITED STATES DISTRICT JUDGE