Opinion
No. 15 Cr. 355 (JFK) No. 17 Civ. 5246 (JFK)
04-18-2019
UNITED STATES OF AMERICA v. STEVEN JUDE Defendant. STEVEN JUDE Petitioner, v. UNITED STATES OF AMERICA Respondent.
OPINION & ORDER
JOHN F. KEENAN, United States District Judge :
On May 10, 2018, Defendant Steven Jude ("Jude") filed a motion to vacate his conviction pursuant to 28 U.S.C. § 2255. (No. 15 Cr. 355, ECF No. 58.) As this motion was filed before the adjudication of Jude's previous 28 U.S.C. § 2255 motion (No. 15 Cr. 355, ECF No. 52), the Court construes this second motion as a motion to amend the original § 2255 motion. See Ching v. United States, 298 F.3d 174, 177 (2d Cir. 2002) ("[I]n general, when a § 2255 motion is filed before adjudication of an initial § 2255 motion is complete, the district court should construe the second § 2255 motion as a motion to amend the pending § 2255 motion."). The Court hereby ORDERS the Government to respond this motion to amend no later than May 9, 2019.
SO ORDERED.
Dated: New York, New York
April 18, 2019
/s/_________
John F. Keenan
United States District Judge