ORDER
DAVID G. CAMPBELL, District Judge.
Movant Heriberto Hernandez Barreras, who is confined in the Central Arizona Detention Center in Florence, Arizona, has filed a pro se "Motion for Time Reduction by an Inmate in Federal Custody" ("Motion") (Doc. 1). The Court will deny the Motion with leave to amend.
I. Motion
Once a judgment of sentence has been entered, the district court lacks jurisdiction to review it except in narrow circumstances. 18 U.S.C. § 3582(c); United States v. Penna, 319 F.3d 509, 511 (9th Cir. 2003). Because those narrow exceptions do not apply here, the Court cannot construe the Motion as a § 3582 motion.
The only other basis for relief from a final criminal judgment is a collateral attack pursuant to 28 U.S.C. § 2255. Although Movant has not sought relief under § 2255, the Court, in its discretion, will construe the Motion as a motion brought pursuant to 28 U.S.C. § 2255.
II. Notification to Movant
When a district court recharacterizes a pro se litigant's motion as a motion to vacate pursuant to 28 U.S.C. § 2255, the court must "notify the pro se litigant that it intends to recharacterize the pleading, warn the litigant that this recharacterization means that any subsequent § 2255 motion will be subject to the restrictions on `second and successive' motions, and provide the litigant an opportunity to withdraw the motion or to amend it so that it contains all the § 2255 claims he believes he has." Castro v. United States, 540 U.S. 375, 383 (2003).
Movant is therefore notified that the Court intends to construe the Motion as a motion pursuant to 28 U.S.C. § 2255. Movant is granted 30 days from the filing date of this Order to file either (a) a notice withdrawing the Motion, or (b) an amended "Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255)," in compliance with the instructions below. Movant may not file both a notice of withdrawal and an amended motion to vacate.
If Movant fails to file an amended motion within 30 days from the date of filing of this Order, the Court will deny the Motion and will dismiss this civil action without further notice to Movant.
If Movant files an amended motion, Movant should note that the Rules Governing Section 2255 Proceedings for the United States District Courts allow the Court, by local rule, to prescribe a form to be used for filing a § 2255 motion. See Rule 2(c), Rules Governing Section 2255 Proceedings, foll. 28 U.S.C. § 2255. Under this Court's local rule, Movant must use the court-approved form when filing a pro se motion pursuant to 28 U.S.C. § 2255. See LRCiv 3.5(a). The Clerk of Court will mail Movant a court-approved form to use for filing an amended motion.
If Movant files an amended motion, Movant must submit it on the court-approved form and must sign it under penalty of perjury. If Movant fails to use the court-approved form, the Court may strike the amended motion and dismiss this civil action without further notice to Movant.
Movant must clearly designate on the face of the document that it is an "Amended Motion." The amended motion must be retyped or rewritten in its entirety on a court-approved form and may not incorporate any part of the original Motion for Time Reduction by reference. Movant must describe each ground for relief and the facts supporting each ground.
An amended motion supersedes the original Motion. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the Motion as nonexistent. Ferdik, 963 F.2d at 1262. Any ground for relief that was raised in the original Motion and that was voluntarily dismissed or was dismissed without prejudice is waived if it is not alleged in an amended motion. Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc).
If Movant files an amended motion, it should include every ground for relief that Movant wishes to raise. If the Court adjudicates the merits of an amended motion, any subsequent motion for § 2255 relief will be treated as "[a] second or successive motion," which requires certification by a panel of the appropriate court of appeals pursuant to 28 U.S.C. § 2244 before it can be filed. 28 U.S.C. § 2255(h); Rule 9, Rules Governing § 2255 Proceedings.
III. Warnings
A. Address Changes
If Movant's address changes, Movant must file and serve a notice of a change of address in accordance with Rule 83.3(d) of the Local Rules of Civil Procedure. Movant must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this § 2255 action.
B. Copies
Movant must submit an additional copy of every filing for use by the Court. See LRCiv 5.4. Failure to comply with this requirement may result in the filing being stricken without further notice to Movant.
C. Possible Dismissal
If Movant fails to timely comply with every provision of this Order, including these warnings, the Court may dismiss this § 2255 action without further notice. See Ferdik, 963 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any order of the Court).
IT IS ORDERED:
(1) Within 30 days from the filing date of this Order, Movant must file either (a) a notice withdrawing the Motion for Time Reduction (Doc. 1 in CV 14-1030-PHX-DGC (BSB) and Doc. 25 in CR 13-1655-PHX-DGC-1) or (b) an amended "Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255)," on the court-approved form.
(2) If Movant fails to file an amended motion within 30 days, the Motion for Time Reduction is denied (Doc. 1 in CV 14-1030-PHX-DGC (BSB) and Doc. 25 in CR 13-1655-PHX-DGC-1) and the Clerk of Court must, without further notice, enter a judgment of dismissal of the civil action (CV 14-1030-PHX-DGC (BSB)) opened in connection with the Motion for Time Reduction, without prejudice.
(3) The Clerk of Court must mail Movant a court-approved form for filing a Motion to Vacate, Set Aside or Correct Sentence By a Person in Federal Custody (28 U.S.C. § 2255).
