Jackson v. Capra
Filing 56
ORDER: In light of this, the Court GRANTS the Petitioner a further stay to exhaust any potential claims related to Erlinger. See Rhines v. Weber, 544 U.S. 269, 277 (2005) (finding the stay and abeyance of a habeas petition is appropriate when there is good cause for the petitioner's failure to exhaust his claims first in state court and where the claims are not plainly meritless). Petitioner is further granted leave pursuant to Federal Rule of Civil Procedure 15(a) to amend the petition t o include those additional claims if they are rejected by the state court. Finally, Petitioner is ordered to file a status letter with the Court within 30 days of a final decision on Petitioner's CPL § 440.10 motion. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/24/2024) (dsh) (Main Document 56 replaced on 9/25/2024) (dsh). Modified on 9/25/2024 (dsh).
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