Bowe v. United States · ¶36

In Castro v. United States, 540 U. S. 375 (2003), Castro (a federal prisoner) fled a motion for postconviction relief in Federal District Court. He had previously fled a motion, pro se, attacking his conviction, but he had not specifically labeled it as a § 2255 motion. The District Court construed Castro's previous filing as his first § 2255 motion and the second filing before it as a second § 2255 motion. Because Castro did not receive authorization from the Court of Appeals before filing the second motion, the court dismissed it. The court, however, granted Castro a certificate of appealability as to its determination that the motion was his second one. See § 2253(c). The Court of Appeals later affirmed the dismissal.

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