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United States v. Abney

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


February 3, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALLEN ABNEY, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

On January 25, 2010, this Court entered a Decision and Order (Dkt. #187) denying Allen Abney's pro se motion to vacate which was brought pursuant to 28 U.S.C. § 2255.

Abney's petition (Dkt. #179) was filed on October 5, 2009, and the Government responded (Dkt. #186) on January 8, 2010.

On January 28, 2010, three days after this Court issued its January 25, 2010 Decision, Abney filed a lengthy document with attachments entitled "Petitioner's Response and 'More Detail.'" (Dkt. #188). Because Abney makes no reference to this Court's Decision of January 25, 2010, it is obvious that Abney had not received this Court's decision denying his § 2255 petition when he filed Dkt. #188.

Abney never sought leave to file additional pleadings in the § 2255 proceeding, and this Court had no reason to anticipate that more filings would be made.

Nevertheless, I have reviewed Abney's "Response" (Dkt. #188) and the numerous attachments to it, and there is nothing included in that filing which would alter, in any way, this Court's Decision and Order of January 25, 2010 (Dkt. #187) denying Abney's motion to vacate pursuant to 28 U.S.C. § 2255. Abney's response is clearly not a motion to reconsider but a filing made after the Court had already denied the petition. In any event, I would deny the motion to reconsider in all respects.

IT IS SO ORDERED.

Rochester, New York

20100203

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