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04-5465 - Herion v. Phillips


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04-5465 - Herion v. Phillips
July 5, 2005
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ORDER: The court hereby stays the instant petition so that petitioner may seek to exhaust his claim in state court by filing a motion to vacate his conviction pursuant to section 440 of the New York Criminal Procedure Law. The stay is conditioned on petitioner filing a 440 motion within thirty days of the date of this order and returning to federal court to proceed with his petition for a writ of habeas corpus within 30 days of exhausting his new claim. c/m by chambers. Ordered by Judge Allyne R. Ross on 6/30/05. (Williams-Jackson, Sandy)
March 26, 2008
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OPINION AND ORDER: The petition for a writ of habeas corpus is denied. Because petitioner has failed to make a "substantial showing of the denial of a constitutional right," 28 U.S.C. ยง 2253(c)(2) (1996), no certificate of appealability will be granted. The Clerk of Court is directed to enter judgment accordingly. So Ordered. (Ordered by Judge Allyne R. Ross, on 3/25/2008) C/mailed by Chambers. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)