GOLIDAY v. United States

• Court: District Court, S.D. Indiana
• Decided: November 8, 2024
• Docket: 1:24-cv-01642
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

THOMAS LEE GOLIDAY, ) ) Petitioner, ) ) v. ) No. 1:24-cv-01642-JPH-CSW ) UNITED STATES OF AMERICA, ) ) Respondent. )

CASTRO NOTICE I. A court may grant relief from a federal conviction or sentence pursuant to 28 U.S.C. § 2255 "upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." "[A]ny paper asking for the relief provided by § 2255 ¶ 1 is a motion under § 2255, without regard to its caption or other details." Ellzey v. United States, 324 F.3d 521, 524 (7th Cir. 2003) (citing cases). The Court determined that the filing of Mr. Goliday's motion to correct error seeks relief within the scope of § 2255. That document has been processed accordingly. II. Because the petitioner's post-judgment motion in his criminal case was treated as a § 2255 motion, he is entitled to notice of the treatment and notice that his ability to file any subsequent motion pursuant to § 2255 is restricted. He must also be afforded the opportunity to withdraw or amend the motion to include all § 2255 claims which he believes he has. Castro v. United States, 540 U.S. 375, 383 (2003). This is because a petitioner seeking relief pursuant

to § 2255 must set forth all claims and grounds on which he or she seeks relief. If he does not do so, he will likely not be able to bring those claims in a future § 2255 motion. See Jones v. Hendrix, 599 U.S. 465, 469 (2023) ("[S]ince the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), second or successive § 2255 motions are barred unless they rely on either 'newly discovered evidence,' § 2255(h)(1), or 'a new rule of constitutional law,' § 2255(h)(2)"). III.

This Order provides the petitioner with his notice of the treatment of his post-judgment filing and his opportunity to withdraw or amend the motion. He shall have through December 4, 2024 in which to: (1) file an amended motion which contains a complete statement of the claims and grounds on which he could and does challenge his conviction, and/or sentence; (2) withdraw such motion insofar as it could be thought to seek relief authorized by 28 U.S.C. § 2255; or (3) notify the Court that the filing of his motion to correct error does constitute a complete statement of the claims and grounds

on which he could and does challenge his conviction and/or sentence. He is reminded that a § 2255 motion, among other things, must be "signed under penalty of perjury by the movant or by a person authorized to sign it for the movant." Rule 2(b)(5) of the Rules Governing Section 2255 Proceedings for the United States District Courts. If he does not take one of these steps by December 4, 2024, the motion will be treated as a § 2255 motion and the case will proceed. The clerk shall include a form § 2255 motion with the petitioner's copy of this Order. SO ORDERED.

Date: 11/8/2024 Sjamnu Patnaik Hanbore James Patrick Hanlon United States District Judge Southern District of Indiana

Distribution: THOMAS LEE GOLIDAY 19191-075 ASHLAND - FCI ASHLAND FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 6001 ASHLAND, KY 41105