Wall v. State of New York

Filing 30

ORDER denying 29 Motion to Compel - Upon consideration of Petitioner's Abeyance Motion, it is DENIED to the extent that the Court will not hold his Writ of Habeas Corpus in abeyance while he seeks to exhaust an ineffective-assistance-of-couns el claim. However, in the alternative, the Court directs: (1) that this case be closed with leave to reopen, upon 10 days' notice, by no later than 10/9/2020; and (2) that the Clerk of Court mail a copy of this Order to Petitioner at his last known address. SO Ordered by Judge Sandra J. Feuerstein on 10/4/2019. (Tirado, Chelsea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JAMES WALL,
Petitioner,
-against-

FILED 
CLERK 

1:18 pm, Oct 04, 2019

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

ORDER re: ECF No. 29
13-cv-2803 (SJF)

STATE OF NEW YORK,
Respondent.
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FEUERSTEIN, J.:
Presently before the Court is Petitioner Wall’s motion requesting the Court hold his Writ
of Habeas Corpus in abeyance to allow him “the opportunity to exhaust his claim of yet another
example of ineffective assistance of counsel in state court, upon the grounds that counsel did not
advise the [P]etition to accept the offered plea . . .” (hereafter, the “Abeyance Motion”). (ECF
No. 29.) Counsel for Respondent State of New York did not respond to the Abeyance Motion.
(See Case Docket, in toto.)
Upon consideration of Petitioner’s Abeyance Motion, it is DENIED to the extent that the
Court will not hold his Writ of Habeas Corpus in abeyance while he seeks to exhaust an
ineffective-assistance-of-counsel claim. However, in the alternative, the Court directs:
(1) that this case be closed with leave to reopen, upon ten (10) days’ notice, by no later
than October 9, 2020; and
(2) that the Clerk of Court mail a copy of this Order to Petitioner at his last known
address.
SO ORDERED this 4th day of October 2019 at Central Islip, New York.

Sandra J. Feuerstein

/s/
Sandra J. Feuerstein
United States District Judge

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