Boulware

ORDER DENYING MOTION TO REOPEN

INTRODUCTION

Petitioner filed a “Motion to Reopen, etc.” (“the motion”) on June 20, 2007, seeking “immediate release from incarceration.” Respondent filed a response on August 16, 2007. The Court has taken the motion under submission without oral argument. For the reasons discussed herein, the motion is denied.

BACKGROUND

Following a jury trial in state court, Petitioner was convicted of two counts of workers’ compensation fraud (Counts One and Two) and one count of insurance fraud (Count Four). In this federal habeas corpus proceeding, Petitioner challenged the constitutionality of his convictions on numerous grounds. By Judgment entered January 5, 2007, this Court granted a conditional writ of habeas corpus with respect to Petitioner’s convictions on Counts One and Two, but otherwise denied relief. The January 5, 2007 Judgment provided in pertinent part:

Neither Petitioner nor Respondent appealed the January 5, 2007 Judgment. The time for appeal expired on February 5, 2007.

On May 2, 2007, the state court dismissed Counts One and Two. At the same time, the state court resentenced Petitioner on Count Four. Thus, Petitioner presently is serving…