Jackson v. Capra

LORNA G. SCHOFIELD UNITED STATES DISTRICT JUDGE

RAPHAEL JACKSON, #17-A-0264 Pro Se

MOTION REQUESTING STAY OF PROCEEDING

LORNA G. SCHOFIELD UNITED STATES DISTRICT JUDGE

PLEASE TAKE NOTICE that I, Raphael Jackson, is the Petitioner in the above captioned proceeding. In pursuant to the Local Rules of this Court I am respectfully submitting this Motion Requesting for the proceedings before the Court be Held in Abeyance so that Petitioner may have the opportunity to fully litigate claim(s) of ineffective assistance of Trial Counsel in New York State Supreme Court. Such claim(s) are unexhausted in state court where remedy is still available to Petitioner.

Petitioner submitted this petition under 28 U.S.C. §2254 dated April 12, 2022, where Petitioner affirms the filing of other "... motions concerning this judgment of conviction in any state court..,,” specifically C.P.L. §440.10 dated February 7, 2022. This C.P.L. §440.10 Motion is still pending in state court. A response by the People and reply to the response has all been file before the court.

Petitioner requests the proceeding to be held in abeyance until the pending motion is resolved completely, and should an unfavorable outcome result from the motion, Petitioner be allowed to amend the original petition that is before the court.

Petitioner would like to point out the fact of no answer as of yet has been filed by the Respondent, and not other request regarding this matter has been requested.

Petitioner respectfully requests for the Court to Grant this request so that all claim(s) exhausted in state court can be before this Court at the same time. Petitioner prays for the relief requested and any other further relief the Court may deem just and proper.

By August 3, 2022, the Respondent shall file a response, including whether it consents to the stay. So Ordered.