Clemmons, Jr. v. Lee

Filing 48

ORDER. Petitioner has informed the Court that he has exhausted his state court remedies with respect to his New York Criminal Procedure Law § 440.10 motion to vacate judgment (see Docket No. 46), therefore, the stay in this matter is lifted. On August 6, 2020, the Court directed to Respondent to respond to Petitioner's request to amend his habeas corpus petition. (Docket No. 47). Having received no opposition to Petitioner's letter, Petitioner's request is granted. Petitioner may file an amended petition and must do so by February 19, 2021. If no amended petition is received, the Court will decide the case based on the current record. The Clerk is respectfully requested to mail a copy of this Order to the pro se Petitioner. So ordered. (Amended Pleadings due by 2/19/2021.) (Signed by Magistrate Judge Judith C. McCarthy on 1/13/2021) (rjm) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------X ANDRE CLEMMONS, Petitioner, ORDER -against- 13 Civ. 4969 (CS)(JCM) WILLIAM A. LEE, Respondent. ------------------------------------------------------X Petitioner has informed the Court that he has exhausted his state court remedies with respect to his New York Criminal Procedure Law § 440.10 motion to vacate judgment (see Docket No. 46), therefore, the stay in this matter is lifted. On August 6, 2020, the Court directed to Respondent to respond to Petitioner’s request to amend his habeas corpus petition. (Docket No. 47). Having received no opposition to Petitioner’s letter, Petitioner’s request is granted. Petitioner may file an amended petition and must do so by February 19, 2021. If no amended petition is received, the Court will decide the case based on the current record. The Clerk is respectfully requested to mail a copy of this Order to the pro se Petitioner. Dated: January 13, 2021 White Plains, New York SO ORDERED: _______________________________ JUDITH C. McCARTHY United States Magistrate Judge

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