Sullivan v. Lee

Filing 6

ORDER: Petitioner William Lee, proceeding pro se, moves to stay these proceedings in order to allow him to return to state court and exhaust claims raised in his petition for a writ of habeas corpus. The motion 2 is granted. This acti on is stayed until the time at which the petitioner moves to amend his petition or notifies the Court in writing that he will not do so, or at any other time the Court deems just and proper. Until such time as any of the foregoing occurs, the Clerk of the Court is directed to administratively close this case. SO ORDERED. (Ordered by Judge Carol B. Amon, on 5/14/2010) C/mailed. (Latka-Mucha, Wieslawa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------)( ADRIAN SULLIVAN, Petitioner, -againstWILLIAM LEE, Superintendent, Green Haven Correctional Facility, Respondent. 10-CV-425 (CBA) NOT FOR PUBLICAnON ORDER ------------------------------------------------------------)( AMON, United States District Judge: Petitioner William Lee, proceding pro se, moves to stay these proceedings in order to allow him to return to state court and exhaust claims raised in his petition for a writ of habeas corpus. The motion is granted. The stay is conditioned upon the following: Petitioner is directed to initiate exhaustion proceedings in the state court within thirty (30) days of this Order. Once his state court claims are exhausted, Petitioner must return to this Court and file an amended petition within thirty (30) days of a final state court decision. Petitioner is warned that, should he fail to comply with these conditions, the stay will be vacated and he may well find himself timebarred from re-submitting his claims in a federal habeas corpus petition. This action is stayed until the time at which the petitioner moves to amend his petition or notifies the Court in writing that he will not do so, or at any other time the Court deems just and proper. Until such time as any of the foregoing occurs, the Clerk of the Court is directed to administratively close this case. SO ORDERED. Dated: Brooklyn, New York May .l!L, 20 I 0 /S/ -CAROL B/AMON United States District Judge

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