No. 4:03-CR-653 (CEJ).United States District Court, E.D. Missouri, Eastern Division.
April 3, 2007
ORDER
CAROL JACKSON, District Judge
On April 3, 2007, the defendant filed a request to correct his sentence, pursuant to 28 U.S.C. § 2255. The Court will construe the request as a motion to vacate, set aside or correct sentence. The motion was filed in the criminal case, but because proceedings under § 2255 are civil, the motion should have been filed as a new civil action.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall remove the document titled “Defendant’s Request to Correct Sentence Pursuant to 28 U.S.C. Sec. 2255” [Doc. #37] from the criminal file and shall re file the document as a motion to vacate initiated as a new civil action styled Ruben Cortez, Movant v. United States ofAmerica, Respondent.