Caban v. United States

Opinion

DOCUMENT ELECTRONICALLY FILED DOC #: UNITED STATES DISTRICT COURT DATE FILED:__11/15/2019 SOUTHERN DISTRICT OF NEW YORK LUIS CABAN, Movant, 19-CV-10509 (GHW) -against- 16-CR-0656 (GHW) UNITED STATES OF AMERICA, ORDER Respondent. GREGORY H. WOODS, United States District Judge: On November 12, 2019, the Court construed Movant Luis Caban’s “Motion under § 1651, All Writs Act” as a motion under 28 U.S.C. § 2255, and directed the Clerk of Court to open a new civil action for the motion. The Court now informs Caban that if does not want to pursue relief under § 2255, he may notify the Court in writing within sixty days that he wishes to withdraw the application. See Castro v. United States, 540 U.S. 375, 383 (2003); Adams v. United States, 155 F.3d 582, 584 (2d Cir. 1998) (per curiam). Caban will have one opportunity within the limitations period for a full adjudication of his claims. If Caban does not inform the Court of his intent within sixty days, the application will remain designated as a motion under 28 U.S.C. § 2255. SO ORDERED. Dated: November 15, 2019 New York, New York sttasgt WOODS United States District Judge