USA v. Villarreal et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:18-cr-48-KDB-SCR-13
UNITED STATES OF AMERICA, )
)
)
vs. ) ORDER OF INSTRUCTIONS
)
MARTIN VIDAL SANTILLAN, )
)
DEFENDANT. )
___________________________________ )
THIS MATTER is before the Court sua sponte.
The Defendant filed a pro se “Motion for Leave to File a Writ of Habeas Corpus Under §
2255” in this case. [Doc. 442]. On August 8, 2023, the Court entered an Order informing the
Defendant that it intends to recharacterize this filing as a Motion to Vacate pursuant to 28 U.S.C.
§ 2255 pursuant to United States v. Castro, 540 U.S. 375 (2003). [Doc. 444]. The Court afforded
the Defendant the opportunity to withdraw his “Motion for Leave to File…” within 30 days and
cautioned him that, “[i]f the Defendant does not timely file a Notice withdrawing his ‘Motion for
Leave to File…,’ it will be recharacterized as a § 2255 Motion to Vacate.” [Id. at 4].
The Defendant has failed to file a Notice withdrawing his filing and the time to do so has
expired. The “Motion for Leave to File…” is, therefore, recharacterized as a § 2255 Motion to
Vacate. The Clerk of Court is hereby directed to open the “Motion for Leave to File…” as a
“Motion to Vacate” pursuant to § 2255 in a new civil case, and to docket the August 8 Order as a
“Castro Order” in that case.
IT IS, THEREFORE, ORDERED that:
Case 5:18-cr-00048-KDB-SCR Document 445 Filed 09/18/23 Page 1 of 2

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1. Defendant’s pro se “Motion for Leave to File a Writ of Habeas Corpus Under §
2255” [Doc. 442] is recharacterized as a § 2255 Motion to Vacate.
2. The Clerk of Court is instructed to open a new civil § 2255 case in which Docket
Entry 442 shall be docketed as a “Motion to Vacate,” and Docket Entry 444 shall
be docketed as a “Castro Order.”
Signed: September 18, 2023
2023
Case 5:18-cr-00048-KDB-SCR Document 445 Filed 09/18/23 Page 2 of 2