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Blunt v. Perez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 20, 2019
14 Civ. 2333 (AT) (GWG) (S.D.N.Y. Mar. 20, 2019)

Opinion

14 Civ. 2333 (AT) (GWG)

03-20-2019

SAMUEL BLUNT, Petitioner, v. ADA PEREZ, Respondent.


REPORT AND RECOMMENDATION

GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE

Samuel Blunt, currently an inmate at Ulster Correctional Facility, filed a petition for a writ of habeas corpus on March 26, 2014. That petition was denied as reflected in a judgment filed on January 5, 2016.

On March 11, 2019, Blunt filed a document entitled "MOTION TO AMEND ACTION and/or CONSOLIDATION Fed. R. Civ. Pro. 60(b)(5)(6)." (Docket # 29). This motion is simply indecipherable. Thus, it provides no basis for amending the petition for the writ of habeas corpus or for any relief from the judgment under Fed. R. Civ. P. Rule 60(b).

Blunt also attaches a letter to the court dated February 11, 2019. This letter too is not comprehensible. Additionally, it bears a docket number of a different case ("15-538"). It appears that this relates to another case filed by Blunt (14 Civ. 3949) and thus has no relevance to this proceeding.

For the foregoing reasons, Blunt's motion (Docket # 29) should be denied. The Clerk shall change petitioner's address to the one contained in the envelope with Docket # 29, as indicated below.

PROCEDURE FOR FILING OBJECTIONS TO THIS

REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties have fourteen (14) days including weekends and holidays from service of this Report and Recommendation to serve and file any objections. See also Fed. R. Civ. P. 6(a), (b), (d). Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with copies sent to the Hon. Analisa Torres at 500 Pearl Street, New York, New York 10007. Any request for an extension of time to file objections must be directed to Judge Torres. If a party fails to file timely objections, that party will not be permitted to raise any objections to this Report and Recommendation on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). Dated: March 20, 2019

New York, New York

/s/_________

GABRIEL W. GORENSTEIN

United States Magistrate Judge Copy mailed to: Samuel Blunt
11-A-2026
Ulster Correctional Facility
P.O. Box 800
Napanoch, New York 12458-0800


Summaries of

Blunt v. Perez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 20, 2019
14 Civ. 2333 (AT) (GWG) (S.D.N.Y. Mar. 20, 2019)
Case details for

Blunt v. Perez

Case Details

Full title:SAMUEL BLUNT, Petitioner, v. ADA PEREZ, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 20, 2019

Citations

14 Civ. 2333 (AT) (GWG) (S.D.N.Y. Mar. 20, 2019)