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06-785 - Torres v. Graham


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06-785 - Torres v. Graham
April 20, 2007
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MEMORANDUM AND OPINION that the Petitioner is granted leave to file an amended petition. Petitioner's application for a stay of his habeas petition is granted and the petition is stayed to allow petitioner to exhaust his proposed claim. Petitioner must return to this Court within thirty (30) days after the Appellate Division has issued a decision on his application for leave to appeal the denial of his 440.10 motion. If petitioner fails to comply with this order, the Court will vacate the stay nunc pro tunc.. Ordered by Judge Sandra J. Feuerstein on 4/20/07. (Mierzejewski, Elizabeth)
June 9, 2008
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ORDER DISMISSING CASE: The petition for a writ of habeas corpus is denied in its entirety and the proceeding is dismissed. Since petitioner has failed to make a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. Petitioner has a right to seek a certificate of appealability from the Court of Appeals for the Second Circuit. The Clerk of the Court is directed to close this case. C/M. Ordered by Judge Sandra J. Feuerstein on 6/9/2008. (Glueckert, Lisa)