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.
For the foregoing reasons, Timothy F. Oladiji's motion is DENIED in its entirety.
Dated: Brooklyn, New York
March 20, 1996
John R. Bartels
United States District Judge
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