Sanders v. Senkowski

Full title: GREGORY SANDERS, Petitioner, v. DANIEL SENKOWSKI, etc., Respondent

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

Date published: Feb 22, 2000

No. 98 Civ. 8666 (LAK) (S.D.N.Y. Feb. 22, 2000)

Opinion

No. 98 Civ. 8666 (LAK)

February 22, 2000

ORDER

LEWIS A. KAPLAN, United States District Judge.

Petitioner has filed a motion styled "Notice of Motion for Extension of Time to Appeal Pursuant to C.P.L. § 460.30," which of course is entirely inappropriate in this federal habeas corpus proceeding. The notice of motion seeks an extension of time for taking an appeal from Magistrate Judge Eaton's report and recommendation. The motion is supported only by a letter from petitioner, who asks for a copy of the transcript of his state trial and the assignment of counsel.

Petitioner's time within which to object to the report and recommendation is extended to and including March 20, 2000. As there is nothing before the Court to suggest that there is any merit to the habeas petition, the motion for appointment of counsel is denied. The respondent is directed to serve a copy of the state court transcript, previously lodged with the Court, on petitioner.

SO ORDERED.