Townsend v. United States

U.S. Court of Appeals for the Eleventh Circuit
Townsend v. United States, 436 F. App'x 946 (11th Cir. 2011)

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.

Reference

Full Case Name
Bruce Bernard TOWNSEND, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Status
Unpublished