Zeito v. Girdich

Full title: CHRISTOPHER ZEITO, Petitioner, v. R.A. GIRDICH, Superintendent, Respondent

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

Date published: Jul 21, 2006

No. 03-CV-6663(VEB) (W.D.N.Y. Jul. 21, 2006)

Opinion

No. 03-CV-6663(VEB).

July 21, 2006

ORDER

VICTOR BIANCHINI, Magistrate Judge

Before the Court is petitioner Christopher Zeito's "Written Objection," see Docket #12, to this Court's Order entered May 23, 2006, denying Zeito's petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Docket ## 10, 11. The "Written Objection" is undated and was filed with the Court on June 12, 2006.

Because Zeito consented to final disposition of this matter by the undersigned pursuant to 128 U.S.C. § 636(c), see Docket #7, he is not entitled to file written objections to the Court's Order denying his habeas petition. See 28 U.S.C. §§ 636(b)(1); 636(c)(1). However, Zeito's proper remedy would be to seek review by the Second Circuit Court of Appeals of the Court's Order. The Court notes that on June 21, 2006, Zeito did file a notice of appeal with the Second Circuit Court of Appeals. Therefore, Zeito's "Written Objection" is now moot.

Accordingly, it is hereby ORDERED that petitioner's "Written Objection" (Docket #12) is denied as moot, in light of petitioner's filing of a Notice of Appeal with the Second Circuit Court of Appeals.

IT IS SO ORDERED.