Headley v. Ercole

Filing 25

DECISION AND ORDER: ORDERED, that the 23 Report and Recommendation is ACCEPTED in its entirety, for the reasons stated in this Order. ORDERED, that Petitioner shall file a second amended petition within 30 days of the filing date of this Order. O RDERED, that, if Petitioner fails to file a second amended petition within 30 days of the filing date of this Order, the Court will issue an Order directing a response to the amended petition which contains only Petitioner's claims of counsel ineffectiveness. Signed by Senior Judge Frederick J. Scullin, Jr on 6/23/09. (Order, state court records attached to petitioner's amended petition, and a blank 2254 habeas petition served on petitioner by regular mail) (alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

JASIB HEADLEY, Petitioner, No. 9:07-CV-979 (FJS/GHL)

vs. ROBERT ERCOLE, Superintendent, Respondent.

APPEARANCES: OF COUNSEL JASIB HEADLEY, Petitioner Pro Se #04-B-0768 Green Haven Correctional Facility PO Box 4000 Stormville, NY 12582 OFFICE OF THE ATTORNEY GENERAL State of New York Attorney for Respondent 120 Broadway New York, New York 10271 FREDERICK J. SCULLIN, JR., S.J. Jodi A. Danzig, Esq. Assistant Attorney General

DECISION AND ORDER

Currently before the Court is Magistrate Judge George H. Lowe's ReportRecommendation filed May 28, 2009 to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report-Recommendation of Magistrate Judge George H. Lowe filed May 28, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further ORDERS that Petitioner shall file a second amended petition within thirty (30) days of the filing date of this Order, and the Court further ORDERS that, if Petitioner fails to file a second amended petition within thirty (30) days of the filing date of this Order, the Court will issue an Order directing a response to the amended petition which contains only Petitioner's claims of counsel ineffectiveness, and the Court further ORDERS that the Clerk shall return to Petitioner the state court records attached to his amended petition and provide Petitioner with a blank § 2254 habeas petition.

IT IS SO ORDERED. Dated: June 23, 2009 Syracuse, New York