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CASTRO v. U.S.

No. 01-12181.

358 F.3d 827 (2004)

Hernan O'Ryan CASTRO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 29, 2004.

Attorney(s) appearing for the Case

Michael G. Frick (Court-Appointed), Norman Daniel Lovein, Hall, Booth, Smith & Slover, P.C., Brunswick, GA, for Plaintiff-Appellant.

Amy Lee Copeland, Savannah, GA, for Defendant-Appellee.

Before WILSON, RONEY and FAY, Circuit Judges.

PER CURIAM:

On December 15, 2003, the United States Supreme Court reversed our decision in this matter,1 holding that when a district court treats as a request for habeas relief under 28 U.S.C. § 2255 a motion that a pro se federal prisoner has labeled differently, "the district court must notify the pro se litigant that it intends to recharacterize the pleading, warn the litigant that this recharacterization means that any

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