SCOTT v. NOGAN
| JAMES H SCOTT |
| PATRICK A. NOGAN and ATTORNEY GENERAL OF THE STATE OF NEW JERSEY |
| 2:2016cv07086 |
| October 11, 2016 |
| US District Court for the District of New Jersey |
| Newark Office |
| Union |
| Madeline C. Arleo |
| General |
| 28 U.S.C. ยง 2254 |
| Plaintiff |
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Filing
2
MEMORANDUM/ORDER that the request to stay the § 2254 Petition (ECF No. 1) is DENIED WITHOUT PREJUDICE; that Petitioner has 45 days from the date of the entry of this Order to submit to prison officials for filing an amended § 2254 petition which includes all federal grounds for relief (both exhausted and unexhausted) he wishes the Court to consider; to the extent Petitioners amended Petition includes unexhausted claims, he may also file a new motion for a stay together with his amen ded petition; that, if Petitioner fails to submit for filing an amended § 2254 petition within 45 days of the date of the entry of this Order, then this Court will consider Docket Entry #1 as Petitioners one and only all-inclusive § 22 54 Petition and, absent extraordinary circumstances, federal claims set forth in any second or successive § 2254 petition will be subject to dismissal for lack of jurisdiction that the Clerk shall serve this Order by regular mail upon Petitioner and shall enclose a blank § 2254 form petition Signed by Judge Madeline C. Arleo on 11/4/16. (DD, ) N/M
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