Jimenez v. USA, No. 1:2012cv02697 - Document 4 (E.D.N.Y. 2012)

Court Description: MEMORANDUM DECISION AND ORDER as to Angelo Jimenez. AngeloValentin Jimenez, currently incarcerated, moves pro se for a reduction insentence. Jimenez is hereby notified that the Court finds that his 1 motionshould be construed as a habeas petition un der 28 U.S.C. § 2255. Thisre-characterization means that any subsequent § 2255 motion will be subjectto the restrictions on "second or successive" petitions. Jimenez maywithdraw the motion if he does not wish to pursue relief unde r § 2255, or hemay amend his motion so that it contains all the § 2255 claims he wants thisCourt to review. Should Jimenez choose to withdraw or amend the motion,he must notify the Court in writing within 21 days. Before Jimenez decidesto w ithdraw the motion, the Court advises him that any motion under § 2255must be filed within the one-year statute of limitation period set forth below.No answer shall be required at this time and all further proceedings shall bestayed for 30 days from the date of the instant Order. If Jimenez fails tonotify the Court within 21 days that he wishes to withdraw or amend hismotion, it will be adjudicated under § 2255. The Clerk of the Court isdirected to mail a copy of this Memorandum Decision and Order to pro sedefendant. Originally filed in 07 CR 0836. This Civil case was opened in accordance with this Order.. Ordered by Judge Brian M. Cogan on 4/20/2012. (Marziliano, August)