Szatanek v. Superintendent, No. 9:2020cv01306 - Document 11 (N.D.N.Y 2021)
Court Description: DECISION AND ORDER: ORDERED that petitioner's motion to withdraw (Dkt. No. 10 ) is GRANTED and the petition is DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Thomas J. McAvoy on 2/23/2021. {order served via regular mail on petitioner}(nas )
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Szatanek v. Superintendent Doc. 11 Case 9:20-cv-01306-TJM Document 11 Filed 02/23/21 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK STEVEN D. SZATANEK, Petitioner, v. 9:20-CV-1306 (TJM) SUPERINTENDENT, Respondent. APPEARANCES: OF COUNSEL: STEVEN D. SZATANEK Petitioner pro se 16-B-0449 Five Points Correctional Facility Caller Box 119 Romulus, NY 14541 HON. LETITIA JAMES Attorney for Respondent New York State Attorney General The Capitol Albany, New York 12224 PRISCILLA STEWARD, ESQ. Ass't Attorney General THOMAS J. McAVOY United States Senior District Judge DECISION and ORDER Petitioner Steven Szatanek sought federal habeas corpus relief pursuant to 28 U.S.C. ยง 2254. Dkt. No. 1, Petition ("Pet."). Respondent was directed to answer the petition on or before March 5, 2021. Dkt. No. 2, Decision and Order ("October Order"); Dkt. No. 6, Letter Request; Dkt. No. 7, Text Order (granting respondent's request for an extension) Petitioner recently filed a letter with the Court, admitting to several criminal actions and Dockets.Justia.com Case 9:20-cv-01306-TJM Document 11 Filed 02/23/21 Page 2 of 2 requesting that his habeas petition be withdrawn. Dkt. No. 8. The Court issued a Decision and Order informing petitioner that his "voluntary withdrawal of his habeas petition . . . may result in any future petition being subject to dismissal as time-barred," and granting him thirty days leave to clarify whether he wished to voluntarily withdraw his petition or proceed. Dkt. No. 9, Decision and Order ("February Order") at 2. Petitioner timely complied with the February Order and filed a letter motion which renewed his voluntary request to withdraw his petition. Dkt. No. 10, Motion to Withdraw. Accordingly, petitioner's motion is granted. WHEREFORE, it is ORDERED that petitioner's motion to withdraw (Dkt. No. 10) is GRANTED and the petition is DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that the Clerk serve copies of this Decision and Order upon petitioner in accordance with the Local Rules. Dated: February 23, 2021 2
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