HARDEE v. United States

District Court, S.D. New York·Decided July 24, 2025·No. 7:25-cv-05835·Unknown

Opinion

i! yspC SDNY UNITED STATES DISTRICT COURT DOCUMENT y FILED SOUTHERN DISTRICT OF NEW YORK 4 ELECTRONICALL \|DOC #3 TAZOHN HARDEE, DATE FILED: _—1/ 4/25 — |) Movant, -TV-3835 (VB) -against- 22-CR-0574 (VB) UNITED STATES OF AMERICA, ORDER Respondent. VINCENT L. BRICCETTI, United States District Judge: Movant, currently incarcerated at USP Canaan in Waymart, Pennsylvania and proceeding pro Sse, filed this petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the Eastern District of Pennsylvania. Because the petition challenges the legality of Movant’s conviction and sentence in United States v. Hardee, No. 22-CR-0574 (VB) (S.D.N.Y. Apr. 18, 2023), aff'd, No. 23-6398-cr (2d Cir. Jan. 29, 2025), the petition was transferred to this district. For the following reasons, the application is designated as a motion under 28 U.S.C. § 2255, and the Court grants Movant leave to file an amended Section 2255 motion if he wishes to do so. DISCUSSION A. Designation of Application as Motion Under 28 U.S.C. § 2255 A motion for relief under 28 U.S.C. § 2255 “is generally the proper vehicle for a federal prisoner’s challenge to his conviction and sentence.” Jiminian v. Nash, 245 F.3d 144, 146-47 (2d Cir. 2001). Because this petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenges Movant’s conviction and sentence, it must be recharacterized as a motion under Section 2255.

A movant generally will have only one opportunity within the limitations period for a full adjudication of his claims in a Section 2255 motion.! If Movant does not want to have this Section 2241 petition treated as a Section 2255 motion, he may notify the Court by no later than September 24, 2025, 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). If Movant does not inform the Court of his intent by September 24, 2025, the application will remain designated as a Section 2255 motion. B. Leave to Amend Rule 2(b) of the Rules Governing Section 2255 Proceedings requires a motion to specify all of a movant’s available grounds for relief, setting forth the facts supporting each of the specified grounds and stating the relief requested. A Section 2255 motion must permit the court and the respondent to comprehend both the movant’s grounds for relief and the underlying facts and legal theory supporting each ground so that the issues presented in the motion may be adjudicated.” Movant’s application includes only one ground for relief. Because there are stringent limits on a movant’s ability to bring a second or successive motion under Section 2255, see 28 U.S.C. § 2255(h), the Court grants Movant an opportunity to file an amended Section 2255

! A federal prisoner seeking relief under Section 2255 generally must file a motion within one year from the latest of four benchmark dates: (1) when the judgment of conviction becomes final; (2) when a government-created impediment to making such a motion is removed; (3) when the right asserted is initially recognized by the Supreme Court, if it has been made retroactively available to cases on collateral review; or (4) when the facts supporting the claim(s) could have been discovered through the exercise of due diligence. See 28 U.S.C. § 2255(f). * Rule 2(c) requires that the motion must substantially follow a standard form, such as the form provided by this Court.

motion, if he wishes to do so, that includes all of his grounds for relief. An amended Section 2255 motion form is attached to this order. CONCLUSION The Court finds that this motion, notwithstanding its designation as a petition for a writ of habeas corpus under 28 U.S.C. § 2241, should be construed as a Section 2255 motion. If Movant does not want to pursue relief under Section 2255, he may notify the Court in writing by no later than September 24, 2025, that he wishes to withdraw his motion. If Movant does not inform the Court of his intent by September 24, 2025, the application will remain designated as a Section 2255 motion. The Court grants Movant an opportunity to file an amended Section 2255 motion, if he wishes to do so, by no later than September 24, 2025, that includes all of his grounds for relief. If Movant wishes to file an amended Section 2255 motion he must utilize the attached amended Section 2255 form. Because Movant has not at this time made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk is directed to mail a copy of this Order and attachment to Movant at the address on the docket in case no. 25-cv-5835 (VB). Dated: July 24, 2025 SO et | White Plains, NY

VINCENTL.BRICCETTI = sit United States District Judge

Page 1 Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C, § 2255)

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Related

Coppedge v. United States
369 U.S. 438 (Supreme Court, 1962)
Castro v. United States
540 U.S. 375 (Supreme Court, 2003)
Eric Adams v. United States
155 F.3d 582 (Second Circuit, 1998)