Salas v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO CLIFFORD RAYMOND SALAS, Petitioner, v. Civ. No. 22-681 RB/GJF UNITED STATES OF AMERICA, Respondent.

ORDER TO CURE DEFICIENCY THIS MATTER is before the Court on Clifford Raymond Salas’s handwritten letter challenging his sentence in Case No. 12-cr-3183-RB-GJF-3. ECF 1. Such a challenge must be raised in a 28 U.S.C. § 2255 habeas petition. See Bradshaw vy. Story, 86 F.3d 164, 166 (10th Cir. 1996). Salas is warned that if he pursues relief now, “any subsequent § 2255 motion will be subject to the restrictions on ‘second or successive’” habeas claims. Castro v. United States, 540 U.S. 375, 376 (2003).

IT IS THEREFORE ORDERED that, if Salas seeks relief from his federal sentence, he must file an amended § 2255 petition on the proper form within thirty (30) days of entry of this Order. The failure to timely comply this directive will result in dismissal of this case.

IT IS FURTHER ORDERED that the Clerk’s Office shall MAIL Salas a form § 2255 petition.

SO ORDERED. fA epee □□□ LS: J LO Ag THE HONQRABLE GREGORY J. FOURATT UNITED $TATES MAGISTRATE JUDGE