Allen v. Greiner

Full title: LARRY ALLEN, Petitioner, v. CHARLES GREINER, etc., Respondent

Court: United States District Court, S.D. New York

Date published: Oct 8, 2002

01 Civ. 8012 (LAK) (S.D.N.Y. Oct. 8, 2002)

Opinion

01 Civ. 8012 (LAK)

October 8, 2002

ORDER

LEWIS A. KAPLAN, District Judge.

Petitioner's objections to the report and recommendation were due on or before October 1, 2002. None were received prior to the Court's decision yesterday adopting the report and recommendation and dismissing the petition. Today, however, the Court received objections dated September 27, 2002 and postmarked September 30, 2002. Giving this pro se petitioner the benefit of the mailbox rule, the objections were timely. Accordingly, the Court sua sponte treats the objections as a motion for reconsideration, grants reconsideration, and has considered the matter de novo. Having done so, however, the Court adheres to its original decision, as there is nothing in the objections that warrants a different result.

SO ORDERED.