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Headley v. Ercole

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 23, 2009

JASIB HEADLEY, PETITIONER,
v.
ROBERT ERCOLE, SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

DECISION AND ORDER

Currently before the Court is Magistrate Judge George H. Lowe's Report-Recommendation filed May 28, 2009 to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report-Recommendation of Magistrate Judge George H. Lowe filed May 28, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further

ORDERS that Petitioner shall file a second amended petition within thirty (30) days of the filing date of this Order, and the Court further

ORDERS that, if Petitioner fails to file a second amended petition within thirty (30) days of the filing date of this Order, the Court will issue an Order directing a response to the amended petition which contains only Petitioner's claims of counsel ineffectiveness, and the Court further

ORDERS that the Clerk shall return to Petitioner the state court records attached to his amended petition and provide Petitioner with a blank § 2254 habeas petition.

IT IS SO ORDERED.

20090623

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