HARDEE v. United States
- Vincent Briccetti
- 7:25-cv-05835
- U.S. District Court · Southern District of New York
- 17
In Hardee v. United States, Judge Briccetti reclassified a prisoner’s filing and allowed an amended motion, without deciding his conviction or sentence challenge.
Tazohn Hardee, whose § 2241 petition was reclassified as a § 2255 motion and who was given until September 24, 2025, to withdraw it or file an amended motion.
What happened
In Hardee v. United States, Tazohn Hardee, who is incarcerated and representing himself, filed a petition asking for relief from his federal conviction and sentence under a law generally used for different prisoner claims. The case was transferred to the Southern District of New York because it challenged Hardee’s conviction and sentence there.
The court reclassified the filing as a motion under 28 U.S.C. § 2255, the usual procedure for a federal prisoner challenging a conviction or sentence. The court gave Hardee until September 24, 2025, to withdraw the filing or submit an amended motion listing all grounds for relief. The court did not decide whether his conviction or sentence was lawful.
Judge Briccetti granted Hardee an opportunity to file the amended motion using the attached form. The court also ruled that a certificate allowing an appeal would not issue and denied permission to proceed without paying appeal fees. The clerk was directed to mail the order and attachment to Hardee.
The detailed version
- HARDEE v. United States · No. 7:25-cv-05835
- Vincent Briccetti
- July 24, 2025
Background
Tazohn Hardee, who is incarcerated and proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241 challenging the legality of his federal conviction and sentence. He initially filed it in the United States District Court for the Eastern District of Pennsylvania. The case was transferred to the Southern District of New York because the challenged conviction and sentence were entered there in a related criminal case.
Reclassification of the Filing
The court explained that 28 U.S.C. § 2255 is generally the proper procedure for a federal prisoner challenging a conviction or sentence. Because Hardee’s filing challenged his conviction and sentence, the court construed, or reclassified, the § 2241 petition as a motion under § 2255.
The court warned that a prisoner generally has only one opportunity during the applicable limitations period for a complete decision on claims in a § 2255 motion. Hardee could notify the court by September 24, 2025, that he wanted to withdraw the filing rather than have it treated as a § 2255 motion. If he did not do so, the filing would remain designated as a § 2255 motion.
Opportunity to Amend
The court stated that a § 2255 motion must identify all available grounds for relief, provide supporting facts, and state the requested relief. Hardee’s application stated only one ground. Because later § 2255 motions face strict limits, the court granted Hardee an opportunity to file an amended § 2255 motion containing all of his grounds for relief. The amended motion had to be filed by September 24, 2025, using the attached form.
Disposition
The court construed Hardee’s filing as a motion under § 2255 and granted him an opportunity to file an amended § 2255 motion. It did not decide the merits of his challenge to his conviction or sentence. The court ruled that a certificate of appealability would not issue because Hardee had not then made the required substantial showing that a constitutional right was denied. The court also denied permission to proceed without paying appeal fees, finding that any appeal from the order would not be taken in good faith. The clerk was directed to mail the order and attachment to Hardee.
Read the full 17-page opinion on CourtListener, the free public archive maintained by the Free Law Project.