Daniels v. Lee

Filing 46

ORDER: Accordingly, pursuant to this Court's order previously issued at Dkt. 44: 1. The stay of this action is hereby LIFTED. 2. By June 29, 2021, Petitioner shall file a supplemental brief addressing any issues arising from his collateral Se ction 440 and coram nobis proceedings for which he seeks habeas relief. 3. By August 28, 2021, Respondent shall file any opposition to Petitioner's supplemental brief. 4. By October 12, 2021, Petitioner shall file any reply. The supplemental filings may address only new matters raised by the collateral Section 440 and coram nobis proceedings. SO ORDERED. (Brief due by 6/29/2021. Reply to Response to Brief due by 10/12/2021. Responses to Brief due by 8/28/2021.) (Signed by Magistrate Judge Robert W. Lehrburger on 4/30/2021) Copies transmitted to all counsel of record and mailed to: Christopher Daniels, DIN No. 13-A-3036, Eastern NY Correctional Facility, P.O. Box 338, Napanoch, NY 12458-0338. (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CHRISTOPHER DANIELS,
:
:
Petitioner,
:
:
- against :
:
WILLIAM LEE, Superintendent,
:
:
Respondent.
:
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4/30/2021
17-CV-7922 (AT) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
On April 30, 2021, Respondent provided notice that Petitioner's coram nobis
proceedings in state court had reached final conclusion and attached documentation to
show the same. Accordingly, pursuant to this Court's order previously issued at Dkt. 44:
1. The stay of this action is hereby LIFTED.
2. By June 29, 2021, Petitioner shall file a supplemental brief addressing any
issues arising from his collateral Section 440 and coram nobis proceedings for which he
seeks habeas relief.
3.

By August 28, 2021, Respondent shall file any opposition to Petitioner's

supplemental brief.
4. By October 12, 2021, Petitioner shall file any reply.
The supplemental filings may address only new matters raised by the collateral
Section 440 and coram nobis proceedings.

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SO ORDERED.

ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated: April 30, 2021
New York, New York
Copies transmitted to all counsel of record and mailed to:
Christopher Daniels
DIN No. 13-A-3036
Eastern NY Correctional Facility
P.O. Box 338
Napanoch, NY 12458-0338

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