Capps v. Kaplan
Filing 7
ORDER that the stay-and-abeyance entered on 2/8/13 is vacated nunc pro tunc and the ineffective assistance of trial counsel claim raised in the petition remains dismissed without prejudice. Further, Respondent shall file and serve an answer and memo randum of law by 5/15/13; Petitioner shall have 30 days upon receipt of the answer to file written response. The Clerk of Court shall serve a copy of the application, together with a copy of this order, by certified mail, upon respondent Superinte ndent of Bedford Hills Correctional Facility and upon the Office of the Attorney General, Federal Habeas Unit, 120 Broadway, 12th. Floor, New York, NY 10271-0332. The Clerk of Court shall also mail a copy of this order to the District Attorney of Erie County. Signed by Hon. Michael A. Telesca on 4/2/13. (DZ)
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