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17-1130 - Scott v. Capra


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17-1130 - Scott v. Capra
November 28, 2017
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DECISION AND ORDER: ORDERED that petitioner's motion to stay (Dkt. No. 4) is GRANTED. Petitioner must advise the Court in writing, every thirty (30) days, beginning thirty (30) days from the date of this Decision and Order, on the status of the pending state court application, including the date upon which any decision is reached. ORDERED that within thirty (30) days of the date upon which the final state court capable of reviewing petitioner's application reaches a decision, petitioner must notify the Court of that decision. ORDERED that if petitioner fails to comply with the terms of this Decision and Order, the stay will be immediately lifted and the file returned to the Court for further proceedings. ORDERED that no response to the amended petition will be required until petitioner completes exhaustion of his unexhausted claim and the stay is lifted, or until the stay is lifted pursuant to the preceding ordering paragraph. Status Report due by 12/29/2017. Signed by Judge Brenda K. Sannes on 11/27/17. (served on petitioner by regular mail)(alh, )
January 30, 2018
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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 petitioner's motion to amend the amended petition (Dkt. Nos. 7, 7-1) is DENIED. ORDERED that petitioner's motion to stay this action (Dkt. No. 8) is DENIED. ORDERED that the Clerk serve copies of this Decision and Order, the amended petition (Dkt. No. 4), and the Court's November 28, 2017, Decision and Order (Dkt. No. 5) upon respondent and the Attorney General of the State of New York in accordance with Local Rule 72.4(e). ORDERED that respondent shall file and serve an answer to the amended petition and provide the Court with the relevant records, within ninety (90) days of the date of this Decision and Order; response due by Michael Capra served on 1/30/2018, answer due 4/30/2018. ORDERED that petitioner may, but is not required to, file a reply within thirty (30) days of the filing date of respondent's answer. Signed by Judge Brenda K. Sannes on 1/30/18. (served as directed) (Attachments: # (1) Amended Petition, # (2) November 28, 2017 Decision and Order)(alh, )