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TORRES v. NEW YORK

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


July 15, 1997

NELSON TORRES, Petitioner, against PEOPLE OF THE STATE OF NEW YORK, Respondent.

The opinion of the court was delivered by: PECK

REPORT AND RECOMMENDATION

 ANDREW J. PECK, United States Magistrate Judge:

 To the Honorable Denise L. Cote, United States District Judge:

 On or about September 23, 1996, Nelson Torres filed the instant petition for a writ of habeas corpus. Petitioner Torres was released on parole on December 30, 1996. On March 25, 1997, the Attorney General's Office notified the Court that it "was advised by petitioner's Parole Officer, Lorenzo Brieba, that petitioner has absconded and a warrant ( # 267200) has been issued for his arrest on March 6, 1997." The Assistant Attorney General also reported that petitioner Torres "gave a false address to his parole officer" and therefore there was no way to contact Torres.

 On April 1, 1997, this Court ordered Torres to provide the Court with a valid current address or face dismissal of his habeas petition. *fn1"

  The Court has not heard from Torres in response to the April 1, 1997 Order. *fn2"

 Accordingly, I recommend that the Court dismiss Torres' habeas corpus petition pursuant to the "fugitive disentitlement doctrine." See, e.g., Molinaro v. New Jersey, 396 U.S. 365, 365-66, 90 S. Ct. 498, 498-99, 24 L. Ed. 2d 586 (1970); Prevot v. Prevot, 59 F.3d 556, 562-67 (6th Cir. 1995), cert. denied, 516 U.S. 1161, 116 S. Ct. 1048, 134 L. Ed. 2d 194 (1996); United States v. Eng, 951 F.2d 461, 465 (2d Cir. 1991); Hinkle v. Calderon, No. C 96-3336, 1997 WL 9852 at *1 (N.D. Cal. Jan. 7, 1997); SEC v. Roman, 1996 U.S. Dist. LEXIS 860, 94 Civ. 3621, 1996 WL 34146 at *1-2 (S.D.N.Y. Jan. 30, 1996); BCCI Holdings (Luxembourg), S.A. v. Pharaon, 1995 U.S. Dist. LEXIS 11560, 94 Civ. 3058, 1995 WL 489426 at *2-3 (S.D.N.Y. Aug. 11, 1995); Clark v. Dalsheim, 663 F. Supp. 1095, 1096-97 (S.D.N.Y. 1987).

 FILING OF OBJECTIONS TO THIS REPORT AND RECOMMENDATION

 Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from receipt of this Report to file written objections. See also Fed. R. Civ. P. 6. Such objections (and any responses to objections) shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable Denise L. Cote, 500 Pearl Street, Room 1040, and to the chambers of the undersigned, 500 Pearl Street, Room 1370. Any requests for an extension of time for filing objections must be directed to Judge Cote. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993), cert. denied, 513 U.S. 822, 115 S. Ct. 86, 130 L. Ed. 2d 38 (1994); Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir.), cert. denied, 506 U.S. 1038, 113 S. Ct. 825, 121 L. Ed. 2d 696 (1992); Small v. Secretary of Health & Human Services, 892 F.2d 15, 16 (2d Cir. 1989); Wesolek v. Canadair Ltd., 838 F.2d 55, 57-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-38 (2d Cir. 1983); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e).

 DATED: New York, New York

 July 15, 1997

 Respectfully submitted,

 Andrew J. Peck

 United States Magistrate Judge


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