Cedeno v. Racette

Cedeno v. Racette

Petitioner:	Luis Cedeno
Respondent:	Steven Racette
Case Number:	1:2014cv06666
Filed:	November 13, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
May 22, 2015	Filing 10 ORDER finding as moot 6 Motion for More Definite Statement; granting 7 Motion to Withdraw ; denying 7 Motion to Stay --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, pro se petitioner's request to withdraw th e petition without prejudice is granted as the petition is premature. Accordingly, the petition for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 is deemed withdrawn. However, the Court offers no opinion as to the merits of the petition. As the Court dismisses the petition without prejudice, petitioner's request for a stay is denied and respondent's motion for a more definite statement is denied as moot. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 5/22/2015. (Irizarry, Dora)

Date Filed

Document Text

May 22, 2015

Filing 10 ORDER finding as moot 6 Motion for More Definite Statement; granting 7 Motion to Withdraw ; denying 7 Motion to Stay --- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, pro se petitioner's request to withdraw th e petition without prejudice is granted as the petition is premature. Accordingly, the petition for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 is deemed withdrawn. However, the Court offers no opinion as to the merits of the petition. As the Court dismisses the petition without prejudice, petitioner's request for a stay is denied and respondent's motion for a more definite statement is denied as moot. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 5/22/2015. (Irizarry, Dora)

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Petitioner: Luis Cedeno
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Respondent: Steven Racette
Represented By:	NEW YORK STATE ATTORNEY GENERALS OFFICE - GENERIC
Represented By:	QUEENS COUNTY DISTRICT ATTORNEYS OFFICE - GENERIC
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