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00-2155 - MARRERO v. HORN, et al

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00-2155 - MARRERO v. HORN, et al
August 15, 2008
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OPINION AND ORDER OF COURT: Marrero is not entitled to habeas relief on his four guilt phase claims. At the parties' request, I shall not rule on Marrero's sentencing phase claims at this time, as those claims will become moot in the event that the parties resolve Marrero's Atkins claim in the pending state court proceeding. All proceedings in this matter shall be STAYED while the parties resolve the Atkins claim in state court. Within five days of the completion of the state court proceeding, the parties shall file with this Court a motion requesting that the stay be lifted and informing this Court of the outcome of the state court proceeding. Because this is not a final order resolving Marrero's habeas petition, I make no ruling at this time on whether he is entitled to a certificate of appealability on any of his guilt phase claims under 28 U.S.C. ยง 2253. This Court's Clerk of Court is directed to return the state court record to the Office of Clerk of Courts, Erie County Courthouse. Signed by Judge Donetta W. Ambrose on 8/15/08. (jlh )