PROCEDURE FOR NEW MOTION
As of September 1, 2018, when a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence is filed to the criminal docket of the case in which the federal conviction and sentence are challenged, a civil case will be opened automatically in CM/ECF.
Only the Motion under 28 U.S.C. § 2255 and the Order disposing of the motion must be entered to both the civil and criminal cases. Dual entry of all documents is not required. Unless otherwise directed by the court, all subsequent documents related to the Motion under 28 U.S.C. § 2255 should be entered to the new civil case only.
- To file a Motion under 28 U.S.C. § 2255 to the criminal docket of the case in which the challenged judgment was entered, from the list of Criminal motion events, select: Vacate (2255).
- To file the motion in the new civil case, from the list of Complaints, Other Initiating Documents, select: Motion for 2255 Relief.
Successive 2255 Motions
Successive Motions under 28 U.S.C. § 2255, will not trigger the automatic opening of the civil case. Should a successive Motion under 28 U.S.C. § 2255 be entered in a criminal case where a Motion under 28 U.S.C. § 2255 is already pending ruling, the corresponding civil case must be opened manually.
Seeking Relief under Sessions V. Dimaya
If a Motion under 28 U.S.C. § 2255 is filed seeking relief for constitutional reasons under Sessions v. Dimaya, from the list of criminal motion events, select: Vacate (2255), the filer will be prompted to indicate if the motion seeks relief under Sessions v. Dimaya.
PROCEDURE FOR PENDING MOTIONS
Any motions filed under 28 U.S.C. § 2255 from January 1, 2017 - August 31, 2018, will continue to require all entries to be made to the criminal case only.
Any motions filed under 28 U.S.C. § 2255 prior to January 1, 2017 will continue to require dual entry into both the criminal and related civil case.