ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

L. PATRICK AULD, Magistrate Judge.

Petitioner, a federal prisoner, submitted a document entitled "Motion to Amend the Judgment" (Docket Entry 20). In it he seeks to attack the conviction or sentence he received in this Court by claiming that the Court did not have jurisdiction over his crimes and asking that his Judgment and indictment be dismissed. The document he filed is not a recognizable method for attacking his sentence. Instead, as the Court explained to him in connection with an earlier filing attacking his conviction or sentence, the proper avenue for such an attack is ordinarily a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. For this reason, the Court will construe the submission as such a motion. However, the Motion cannot be further processed for the following reasons:

1. The Motion is not on the proper § 2255 form.

Because of this pleading failure, this particular Motion will be dismissed, but without prejudice to Petitioner promptly filing a new motion properly following the 28 U.S.C. § 2255 forms and correcting the defect of the present Motion.1 To further aid Petitioner, the Clerk is instructed to send Petitioner new § 2255 forms and instructions for filing a § 2255 motion, which Petitioner should follow if he wishes to bring a claim under § 2255.

There are two other matters mentioned in Petitioner's filings which bear discussion. First, Petitioner submitted a letter in conjunction with his Motion, which the Court attached to the Motion as an exhibit. In the letter, Petitioner states that his Motion is a legal filing, which the Court cannot refuse to file. He also asks that if the Court does not file it, that it instead enter a notice of appeal to United States Court of Appeals for the Fourth Circuit. Petitioner additionally states that § 2255 forms are of no interest to him. To be clear, the Court is not refusing to file his Motion. Although the Motion is not proper in its current form, the Court is filing it, but simply treating it as a filing that would be proper, i.e., a motion under § 2255. If Petitioner disagrees with this decision, he may file timely objections to this Recommendation and, if he chooses, file a notice of appeal after the eventual entry of an order and judgment in the case. As for whether or not Petitioner has any interest in filing a motion under § 2255, that is his decision. However, if he wishes to attack his conviction or sentence, that is the proper avenue for doing so.

Second, Petitioner requests in his Motion that the Court appoint counsel to represent him. The Court will deny that request in light of the recommendation of dismissal. Petitioner may raise that request again if he files a proper motion under § 2255 in the future.

IT IS THEREFORE ORDERED that Petitioner's request for counsel is denied and that the Clerk is instructed to send Petitioner § 2255 forms and instructions.

IT IS RECOMMENDED that this action be filed, treated as a Motion under § 2255, and dismissed sua sponte without prejudice to Petitioner promptly filing a corrected motion on the proper § 2255 forms.