Opinion
02 Civ. 9748 (VM)
October 21, 2003
DECISION AND ORDER
By Decision and Order dated September 24, 2003 (the "Decision"), this Court denied petitioner Carlos Ramirez's ("Ramirez") petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. At the time of its ruling, the Court had not received a reply from Ramirez to the Government's opposition to his petition, although the Court on July 29, 2003 granted Ramirez's request to extend until September 12, 2003 his time to file such a reply. By letter to the Court dated September 29, 2003 Ramirez, who by then had received a copy of the Court's Decision, requested that the Decision be vacated and that he be granted a further extension until October 10, 2003 to submit a reply.
The Decision reported as Ramirez v. United States, No. 02 Civ. 9748, 2003 WL 22227561 (S.D.N.Y. Sept. 24, 2003).
The Court has now received Ramirez's reply dated October 9, 2003 requesting that his petition be granted or alternatively that the Court issue a certificate of appealability in connection with the Court's ruling. Upon review of Ramirez's reply, the Court finds that it demonstrates no controlling law or factual matters before the Court on the underlying petition that were overlooked or that might reasonably alter the Court's decision. See Local Civil Rule 6.3; Virgin Atlantic Airways, Ltd, v. National Mediation Bd., 56 F.2d 1245, 1255 (2d Cir. 1992). Ramirez's reply rests entirely on his claim of ineffective of counsel that the Court fully considered in the Decision and found unmeritorious.
The Court finds no valid ground exists to justify reopening the Decision at this time.
ORDER
For the reasons discussed above, it is hereby
ORDERED that petitioner Carlos Ramirez's requests for an order vacating the Court's Decision and Order dated September 24, 2003, or for a Certificate of Appealability, is DENIED.