Izzo v. Wiley

Filing 13

ORDER: Mr. Izzo's letter inquiry, doc # 12 filed on 11/24/2009, has been responded to as explained in this Order by Magistrate Judge Craig B. Shaffer on 11/30/2009. (cbscd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01711-REB-CBS GAETANO IZZO, Applicant, v. RON WILEY, Warden, Respondent. _____________________________________________________________________ ORDER _____________________________________________________________________ Magistrate Judge Craig B. Shaffer This civil action comes before the court on Mr. Izzo's letter inquiring about the status of this case (filed November 24, 2009) (doc. # 12). Pursuant to the Order of Reference dated August 18, 2009 (doc. # 8), this civil action was referred to the Magistrate Judge to, inter alia, "[h]ear and determine pretrial matters, as referred" and "[p]rovide a report and recommendation with regard to the petition." The court need not respond to a letter such as Mr. Izzo's that is not submitted in the form of a motion and has not been served on the Respondent. Nevertheless, the court hereby responds to Mr. Izzo's inquiry as follows. The court is aware of Mr. Izzo's pending Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Petition") (doc. # 1). The court will issue a Recommendation on the Petition in due course, as promptly as possible in light of the numerous other cases currently before the court. Upon the issuance of a Recommendation, the parties may object, as provided by Title 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). Upon the filing of timely objections the District Judge may review de novo the Magistrate Judge's proposed findings and recommendations. IT IS THEREFORE ORDERED that Mr. Izzo's letter inquiry (filed November 24, 2009) (doc. # 12) has been responded to as explained in this Order. DATED at Denver, Colorado, this 30th day of November, 2009. BY THE COURT: s/Craig B. Shaffer United States Magistrate Judge

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