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OLADIJI v. UNITED STATES

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK


March 20, 1996

TIMOTHY F. OLADIJI, Petitioner, against UNITED STATES OF AMERICA, Respondent.

The opinion of the court was delivered by: BARTELS

ORDER

 BARTELS, United States District Judge.

 Timothy F. Oladiji moves for default or summary judgment on his 28 U.S.C. § 2255 petition based on his allegation that the United States Attorney did not respond to his motion in a timely fashion. Additionally, he moves for an expedited ruling and a hearing.

 This Court issued a Memorandum and Order on February 26, 1996 denying Oladiji's § 2255 petition (the "Order"). The instant motion was received by the Eastern District Pro Se Office on February 20, 1996, but did not arrive in chambers until after the Order was issued. The Order makes the instant motion for an expedited ruling and hearing moot as the Court has already issued its decision in the case.

 Additionally, Oladiji's motion for default or summary judgment is denied because although the Government's response was three days late, as the Government notes, those three days were court holidays. The reasoning in the Order thus continues to apply, and Oladiji has shown no prejudice by the slight delay.

  CONCLUSION

 For the foregoing reasons, Timothy F. Oladiji's motion is DENIED in its entirety.

 SO ORDERED.

 Dated: Brooklyn, New York

 March 20, 1996

 John R. Bartels

 United States District Judge

19960320

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