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16-1160 - Stanford v. Griffin


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16-1160 - Stanford v. Griffin
April 4, 2017
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DECISION AND ORDER: ORDERED that Petitioner's motion to stay the petition (Dkt. No. 11) is GRANTED. ORDERED Petitioner must continually advise the Court, in writing every thirty (30) days, of the status of the pending state court proceedings, including the date upon which any decision(s) are reached. ORDERED that within thirty (30) days of the date upon which the final state court capable of reviewing Petitioner's applications has reached a decision, Petitioner must notify the Court of that decision. ORDERED, that if petitioner fails to comply with the terms of this Order, the stay shall be immediately lifted and the file returned to the Court for further proceedings. Signed by Senior Judge Thomas J. McAvoy on 4/4/17. (served on petitioner by regular mail) (alh, )
June 12, 2017
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DECISION AND ORDER: ORDERED, that the stay in this action is immediately lifted and this action is returned to the Court's active docket. ORDERED that if petitioner wants add any new claim(s) to his pending habeas petition, he must file and serve upon the respondent a motion to amend his original petition, pursuant to Rule 15 of the Federal Rules of Civil Procedure and Local Rule 7.1, within thirty (30) days of the filing date of this Decision and Order. Petitioner must also attach a proposed amended petition setting forth all of the claims that he wants this Court to consider, including the claims now raised in the petition and any new claim(s) petitioner wants to add to the petition. Petitioner must also demonstrate either that his proposed amended petition is timely, or that it "relates back" to his original petition (Dkt. No. 9). ORDERED that the Clerk is directed to send petitioner a blank section 2254 habeas petition which he should use for his proposed amended petition. ORDERED that upon filing by petitioner of any motion to amend his petition, the Clerk is directed to return the file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 6/12/17. (served on petitioner with blank form by regular mail)(alh, )
April 10, 2018
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MEMORANDUM DECISION: ORDERED that the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus is DENIED. ORDERED that the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate of appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further.'" (quoting Miller-El, 537 U.S. at 327)). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. Signed by Judge James K. Singleton on 4/10/18. (served on petitioner by regular mail)(alh, )
April 10, 2018
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JUDGMENT entered pursuant to the Memorandum Decision of the Honorable Judge James K. Singleton, dated the 10th day of April, 2018. (served on petitioner by regular mail) (alh, )