Arellano v. USA, No. 1:2006cv01189 - Document 2 (N.D.N.Y 2006)

Court Description: DECISION AND ORDER DENYING PETITION AND DISMISSING CASE. Signed by Judge Lawrence E. Kahn on 10/5/06. (tab) Modified on 10/11/2006 to correct name of judge docketed (cbm)

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Arellano v. USA Doc. 2 Case 1:06-cv-01189-LEK Document 2 Filed 10/05/2006 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, -against- 1:06-CV-1189 (LEK) ARIEL ARELLANO, a.k.a. ARELLANO ARIEL, Defendant. DECISION AND ORDER The Court has received submissions from Defendant in the above-captioned matter. Although the papers are not clear, the Court understands them to be a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255. As such, the Court directs the Clerk of the Court to file and docket the submissions as such. However, the Court has reviewed the papers and Defendant/Petitioner s claims, and following such review denies the § 2255 Petition in its entirety. Therefore, upon assigning a Civil Case Number to Defendant/Petitioner s Petition, the Clerk shall enter this Order denying the Petition, and shall subsequently close the case without further Order of this Court. Based on the foregoing, it is hereby ORDERED, that the Clerk of the Court shall FILE and docket Defendant/Petitioner s submissions as a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255; and it is further ORDERED, that upon assigning a Civil Case Number to Defendant/Petitioner s Petition, the Clerk shall file this Order DENYING the Petition, and shall subsequently CLOSE the case 1 Dockets.Justia.com Case 1:06-cv-01189-LEK Document 2 Filed 10/05/2006 Page 2 of 2 without further Order of this Court; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: October 05, 2006 Albany, New York 2

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