Is a motion for an extension of time to seek relief under Section 2255 treated as a separate motion?
MultiRegion, United States of America
The following excerpt is from Green v. U.S., 260 F.3d 78 (2nd Cir. 2001):
I agree with the majority that a motion for an extension of time to seek relief under 2255 (a motion over which the court has no subject matter jurisdiction prior to the filing of a 2255 motion, see United States v. Leon, 203 F.3d 162, 164 (2d Cir. 2000)), may, in appropriate circumstances, be treated as a 2255 motion itself. I also agree that the extension motions filed in this case did not contain allegations sufficient to state a 2255
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