CHEVALIER v. STATE

JOSEPH LAPLANTE, District Judge

At today's telephone conference between the court and counsel it was agreed by all parties that the case will proceed as follows: The motion for summary judgment (document no. 28) is denied without prejudice and the hearing currently scheduled for September 15, 2011 is removed from the calendar. On or before September 22, 2011, the petitioner shall file a motion to amend his petition consistent with the ineffective assistance of counsel claims litigated and exhausted in the Coos County Superior Court (docket no. 217-2009-EQ-126). The petitioner has elected not to proceed on, and thus has withdrawn, all other claims.