Romero v. Napoli, No. 1:2008cv08380 - Document 43 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER denying re: 35 MOTION, since it does not appear to constitute any type of cognizable motion. (Signed by Magistrate Judge Henry B. Pitman on 9/21/10) Copies Mailed By Chambers. (cd)
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Romero v. Napoli Doc. 43 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK .................................. -X UBALDO ROMERO, Petitioner, -against- 08 Civ. 8 3 8 0 (CM)(HBP) OPINION AND ORDER DAVID NAPOLI, Superintendent for Southport Correctional Facility, Respondent. PITMAN, United States Magistrate Judge: By a document dated November 13, 2 0 0 9 and entitled "Reply Motion," (Docket Item 35), petitioner seeks "an order pursuant to Rule 6.l(a)(3) of the Local Rules of the United States District Court granting petitioner's Rule 8 motion . . . , requesting an evidentiary hearing." The nature of petitioner's application is fatally unclear. Local Civil Rule 6.l(a)(3) merely sets a default timetable for serving and filing reply papers in connection with a civil motion. I do not understand what relief petitioner is seeking by his request for "an order pursuant to Rule 6.1 (a)(3). I' I have also reviewed the papers petitioner submitted in support of the motion in an effort to discern the nature of the application. They shed no light on the nature of the relief petitioner is seeking. The affirmation in support of the motion appears to attack the weight of the evidence submitted against petitioner, and I shall consider petitioner's arguments in this regard in assessing the merits of the petition. However, I am unable to discern any request for relief apart from the granting of the petition. Since Docket Item 35 does not appear to constitute any type of cognizable motion, it is denied. Dated: New York, New York September 21, 2010 SO ORDERED HENRY P I7%AN United States Magistrate Judge Copies mailed to: Mr. Ubaldo Romero DIN 02-A-1716 Southport Correctional Facility 236 Bob Masia Drive P.O. Box 2000 Pine City, New York 14871-2000 Susan Gliner, Esq. Assistant District Attorney New York County One Hogan Place New York, New York 10013