U.S. Court of Appeals for the Eleventh Circuit, 2011

Townsend v. United States

Townsend v. United States
U.S. Court of Appeals for the Eleventh Circuit · Decided August 4, 2011 · Wilson, Pryor, Black
436 F. App'x 946

Townsend v. United States

Opinion

PER CURIAM:

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.

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