Townsend v. United States
Opinion
Bruce Townsend appeals pro se the dismissal of his motion to vacate. 28 U.S.C. § 2255. The district court dismissed Townsend’s motion as successive, id. § 2244(b)(3), but the United States concedes that the district court had failed to notify Townsend before reclassifying an earlier pleading as a motion to vacate, as required by Castro v. United States, 540 U.S. 375, 124 S.Ct. 786, 157 L.Ed.2d 778 (2003). Consequently, Townsend’s motion to vacate is not successive. We VACATE the order dismissing Townsend’s motion to vacate as successive, and we REMAND for further proceedings.
VACATED AND REMANDED.
Reference
- Full Case Name
- Bruce Bernard TOWNSEND, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
- Status
- Unpublished