Rice v. Collin

Filing 4

ORDER re: 1 Petition for Writ of Habeas Corpus filed by Daniel Rice. Plaintiff Daniel Rice filed a pro se petition under 28 U.S.C. § 2241, challenging the legality of his sentence entered in United States v. Rice, No. 02-CR-723 (S.D.N.Y. July 13, 2004). (See dkt. no. 1.) On November 16, 2020, the Court construed Mr. Rice's petition as a motion under 28 U.S.C. § 2255 and directed him, within sixty days, to either (1) "notify the Court in writing if he wishes to withdraw the motion" or (2) "file a declaration showing cause why the motion should not be denied." (Dkt. no. at 5.) Mr. Rice never complied with that directive. Accordingly, his petition [dkt. no. 1] is DENIED. The Clerk of the Court shall (1) mark this action closed and (2) mail a copy of this order to Mr. Rice. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/9/2021) (va) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-09045-LAP Document 4 Filed 09/09/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DANIEL RICE,
Plaintiff,

No. 20-CV-9045 (LAP)

-against-

ORDER

ROBIN COLLIN,
Defendant.
LORETTA A. PRESKA, Senior United States District Judge:
Plaintiff Daniel Rice filed a pro se petition under 28
U.S.C. § 2241, challenging the legality of his sentence entered
in United States v. Rice, No. 02-CR-723 (S.D.N.Y. July 13,
2004).

(See dkt. no. 1.)

On November 16, 2020, the Court

construed Mr. Rice’s petition as a motion under 28 U.S.C. § 2255
and directed him, within sixty days, to either (1) “notify the
Court in writing if he wishes to withdraw the motion” or (2)
“file a declaration showing cause why the motion should not be
denied.”

(Dkt. no. at 5.)

directive.

Mr. Rice never complied with that

Accordingly, his petition [dkt. no. 1] is DENIED.

The Clerk of the Court shall (1) mark this action closed and (2)
mail a copy of this order to Mr. Rice.
SO ORDERED.
Dated:

September 9, 2021
New York, New York
__________________________________
LORETTA A. PRESKA, U.S.D.J.
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