CHAVARRIAGA v. LANIGAN
Filing
5
MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 1/24/2013. (eaj)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ALEXANDRA CHAVARRIAGA,
Petitioner,
v.
Civil Action No.: 12-7700 (MAS)
MEMORANDUM OPINION
GARY M. LANIGAN
Respondent.
SHIPP, District .Judge
This matter is before the Court pursuant to a petition for a writ of habeas corpus under 28
U.S.C. § 2254, filed by counsel for Petitioner Alexandra Chavarriaga ("Petitioner"), challenging
Petitioner's May 21, 2009 New Jersey state court judgment of conviction. In addition, Petitioner
seeks immediate release from prison on the ground that her sentence of confinement has been
completed and Petitioner is being held beyond the expiration of her sentence. For the reasons
stated below, this Court will stay Petitioner's habeas claim seeking relief from her judgment of
conviction under 28 U.S.C. § 2254, while Petitioner exhausts her state court remedies. However,
Petitioner's habeas claim seeking immediate release from custody on the ground that her prison
sentence has expired shall proceed at this time, and the Court will direct Respondent to answer the
claim asserted in Count I of the petition in an expedited time frame.
I.
BACKGROUND
According to the allegations contained in the petition, Petitioner is a state inmate presently
confined at the Edna C. Mahan Correctional Facility for Women ("Mahan Facility") in Clinton,
New Jersey, serving a seven year prison term imposed by the Superior Court of New Jersey,
Somerset County, pursuant to a judgment of conviction entered on or about May 21, 2009.
(Petition<][<][ 2, 3, 22, ECF No. 1.) Petitioner states that there was no trial because she had pled
guilty to all counts of the indictment. (/d.
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