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IN RE WATTANASIRI

November 14, 1997

In the Matter of the Application of SARAVUT WATTANASIRI, Movant.


The opinion of the court was delivered by: KAPLAN

 LEWIS A. KAPLAN, District Judge.

 This motion raises the novel question whether a district court may extend the one year time limit established by the Antiterrorism and Effective Death Penalty Act ("AEDPA") for the filing of motions to vacate sentence pursuant to 28 U.S.C. § 2255.

 Facts

 The defendant was convicted on his plea of guilty of violations of 18 U.S.C. §§ 241 and 371. He challenged his sentence on appeal, but the judgment was affirmed by the Court of Appeals on June 7, 1996. United States v. Kedjumnong, 1996 U.S. App. LEXIS 13581, Nos. 95-1620(L), 95-1654 (CON) (2d Cir. June 7, 1996).

 It appears that Wattanasiri, acting pro se, on October 2, 1997 sent to this Court a motion for an extension of time in which to file a Section 2255 motion and followed up with another letter, dated October 23, 1997, to inquire as to the status of the motion. In letters dated October 23, 1997 and October 31, 1997, the Pro Se Office advised movant that the Court had no authority to extend the time within which to file a motion under 28 U.S.C. § 2255, recommended that movant submit any motion that he might be contemplating before the one-year period of limitation expires, enclosed a form for doing so, and offered to provide any further procedural advice that movant might require. It also cautioned movant that any motion should be sent to the Pro Se Office and not to chambers.

 Petitioner now has responded with a letter to the Pro Se Office, with a copy to the undersigned, asserting that a district court may extend the time in which to file a habeas petition. He relies upon Calderon v. U.S. District Court, 112 F.3d 386 (9th Cir. 1997). In the interests of simplifying the procedure for an indigent, non-English speaking applicant, the Court treats movant's letter as a formal motion to extend the time for filing a motion pursuant to 28 U.S.C. § 2255.

 Discussion

 AEDPA amended Section 2255, effective April 24, 1996, to require that any Section 2255 motion be filed within one year after the latest of:

 
"(1) the date on which the judgment of conviction becomes final;
 
"(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making the motion by such governmental action;
 
"(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
 
"(4) the date on which the facts supporting the claim or claims presented could have been discovered through ...

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