Broadnax v. Graham

Filing 14

DECISION AND ORDER: ORDERED, that petitioner's 13 request to dismiss this action without prejudice for the reasons stated in this Order is GRANTED. Signed by Judge Gary L. Sharpe on 7/17/09. (Order served on petitioner by regular mail)(alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ANTONIO BROADNAX, Petitioner, -v.HAROLD D. GRAHAM, Supt., Respondent. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPEARANCES: FOR THE PETITIONER: ANTONIO BROADNAX Petitioner, pro se FOR THE RESPONDENT: HON. ANDREW M. CUOMO New York State Attorney General 120 Broadway New York, NY 10271 GARY L. SHARPE UNITED STATES DISTRICT JUDGE DECISION and ORDER Presently before this Court is a request filed by petitioner pro se Antonio Broadnax to voluntarily dismiss this action without prejudice to his filing a new petition pursuant to 28 U.S.C. § 2254 after he has fully exhausted in the state courts all claims he may assert in support of any future request for federal habeas intervention. See Dkt. No. 13.1 The Court grants such request. PAUL B. LYONS, Esq. Assistant Attorney General 9:09-CV-0464 (GLS) (GHL)

Petitioner has suggested that he intends to file a coram nobis application with the New York State Supreme Court, Appellate Division, Fourth Department. See Dkt. No. 13.
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Broadnax is advised to promptly file any collateral challenge(s) to his conviction in the state courts, and, after fully exhausting any such proceeding(s), he should then promptly file a new § 2254 petition in this District challenging his state court conviction if, at that time, he seeks federal habeas intervention. WHEREFORE, it is hereby ORDERED, that petitioner's request to dismiss this action without prejudice for the reasons stated above (Dkt. No. 13) is GRANTED, and it is further ORDERED, that the Clerk of the Court serve a copy of this Order on the parties. IT IS SO ORDERED. Dated: July 17, 2009

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