Locurto v. United States of America

Filing 9

ORDER: Petitioner's motion to stay proceedings relating to his petition under 28 U.S.C. § 2255 pending the Supreme Court's decision in Lafler v. Cooper, No. 10-209 (U.S. Jan. 7, 2011) is GRANTED. (See Docket Entry# 7.) The Government s hall file a motion proposing a briefing schedule no later than fourteen days after the Supreme Court issues its decision in Lafler. The Clerk of Court is directed to choose a United States Magistrate Judge to decide non-dispositivematters in this cas e by random selection. Petitioner's motion to appoint counsel (Docket Entry# 4) is referred to the Magistrate Judge for decision pursuant to 28 U.S.C. § 636(b)(l)(A) and Federal Rule of Civil Procedure 72(a). The Magistrate Judge shall deci de whether or not to stay Petitioner's motion to appoint counsel until after the Supreme Court's decision in Lafler. Ordered by Judge Nicholas G. Garaufis on 7/20/2011. (c/m to pro se)(case referred to Magistrate Judge James Orenstein) (Lee, Tiffeny)

FILeD

IN CLERK'S OFFICE
U S i)ISTRICT COURT E.O.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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* JUL 'L 'L 20" *

tjf

BROOKLYN OFFICE

STEPHEN LOCURTO,

ORDER
Petitioner,

10-CV-4589 (NGG)

-againstUNITED STATES OF AMERICA,
Respondent.

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NICHOLAS G. GARAUFIS, United States District Judge.

Petitioner's motion to stay proceedings relating to his petition under 28 U.S.C. § 2255 pending

the Supreme Court's decision in Lafler v. Cooper, No. 10-209 (U.S. Jan. 7, 2011) is GRANTED. (See
Docket Entry# 7.) The Government shall file a motion proposing a briefing schedule no later than
fourteen days after the Supreme Court issues its decision in Lafler.
The Clerk of Court is directed to choose a United States Magistrate Judge to decide nondispositive matters in this case by random selection. Petitioner's motion to appoint counsel (Docket
Entry# 4) is referred to the Magistrate Judge for decision pursuant to 28 U.S.C. § 636(b)(l)(A) and
Federal Rule of Civil Procedure 72(a). The Magistrate Judge shall decide whether or not to stay
Petitioner's motion to appoint counsel until after the Supreme Court's decision in Lafler.
SO ORDERED.
Dated: Brooklyn, New York
July~ 2011

s/Nicholas G. Garaufis
ijiCHOLAS G. GARAUFIS
United States District Judge