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17-5251 - Stevenson v. Capra


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17-5251 - Stevenson v. Capra
January 26, 2018
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MEMORANDUM & ORDER: Currently before the Court is Petitioner's motion to hold his habeas petition in abeyance while he pursues a motion to vacate his conviction pursuant to New York Criminal Procedure Law ("C.P.L.") section 440.10 in state court. The Court denies Petitioner's 14 motion to hold his habeas petition in abeyance without prejudice. Petitioner may seek to amend the Petition by removing the unexhausted claims. SO ORDERED by Judge Margo K. Brodie, on 1/26/2018. (Copy of this Order and the attached copies of all unpublished decisions cited herein sent to pro se Petitioner.) (Latka-Mucha, Wieslawa)