Capps v. Kaplan

Filing 14

ORDER that to the extent petitioner's ineffective assistance of counsel claim raised in her petition is unexhausted, the claim remains dismissed without prejudice subject to the condition that petitioner return to this Court within 30 days of th e completion of her efforts to exhaust said claim. Further, upon completion of the section 440.10 state court proceedings, petitioner shall file a motion with this Court within 30 days seeking to vacate the stay and reinstate the claim. Further, res pondent is directed to notify the Court within 30 days of receipt of this Order of the status of the July 2012 section 440.10 motion filed by petitioner. Further, this petition is stayed nunc pro tunc as of the date of the original Decision and Order staying the petition (10/21/11) pending completion of petitioner's efforts to exhaust the ineffective assistance of counsel claim. Signed by Hon. Michael A. Telesca on 2/25/14. (DZ)