United States District Court, E.D. Louisiana
ORDER AND REASONS
S. VANCE UNITED STATES DISTRICT JUDGE
Tracy Richardson-Brown moves the Court to permit her to file
a more definite statement in support of her previous
motions. The Court recharacterizes the motion as
brought pursuant to 28 U.S.C. § 2255, and grants
Richardson-Brown leave to withdraw or amend the motion
pursuant to Castro v. United States, 540 U.S. 375
April 30, 2016, Richardson-Brown was convicted by a jury of
18 counts of conspiracy, healthcare fraud, and illegal
renumeration. On Aug us t II, 2016, Richardson-Brown was
sentenced to a term of imprisonment of 80
months. She filed a timely notice of appeal, and
the Fifth Circuit affirmed the verdicts on October 5,
2017. Richardson-Brown then filed a motion for a
new trial under Federal Rule of Criminal Procedure 33,
second motion for a new trial,  a motion for appointment of
counsel and appointment of an independent mental health
expert,  and a motion for bond pending disposition
of pending motions. Those motions were all denied by Judge
Kurt Englehardt on May 21, 2018. Richardson-Brown now moves
to file a “more definite statement” in support of
these previously-denied motions.She states that she brings
these motions pursuant to Federal Rules of Civil Procedure 12
invocation of Rules 12 and 15 of the Federal Rules of Civil
Procedure is improper because those rules do not apply in
this instance. See United States v. McDorman, 305
Fed.Appx. 187, 189 (5th Cir. 2008) (“The Federal Rules
of Civil Procedure do not apply to criminal cases.”
quotation omitted)). It is nonetheless clear from
Richardson-Brown's motion that she wishes to collaterally
attack her conviction and sentence. The proper vehicle for
doing so is a motion pursuant to 28 U.S.C. § 2255.
See Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir.
2001). Pursuant to Castro v. United States, 540 U.S.
375 (2003), Richardson-Brown is hereby notified that the
Court will recharacterize this motion as a motion under
Section 2255. This recharacterization means that any
subsequent Section 2255 motion will be subject to the
restrictions on “second or successive” motions.
28 U.S.C. § 2255(h). The Court will therefore grant
Richardson-Brown leave to either withdraw her motion or amend
it so that it contains all of the Section 2255 claims she
believes she has. Castro, 540 U.S. at 383.
foregoing reasons, the Court recharacterizes
Richardson-Brown's motion as a collateral attack of her
conviction and sentence under Section 2255. Richardson-Brown
has 120 days from the date of this Order to either withdraw
her motion or amend it to include all of the Section 2255
claims she wishes to include. Richardson-Brown's motion
to submit additional evidence in support of her motion for a
more definite statement will be considered in conjunction
with her recharacterized motion.
 R. Doc. 344.
 R. Doc. 144-2.