Ward v. Lee
Petitioner: Rodney Ward
Respondent: William Lee
Case Number: 1:2011cv01068
Filed: March 4, 2011
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Eric N. Vitaliano
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
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Date Filed Document Text
March 22, 2011 Opinion or Order Filing 4 MEMORANDUM AND ORDER, In light of Ward's pro se status and his having submitted his habeas petition hard against the one-year filing deadline set out in 28 USc sec. 2244(d), the Court grants his motion to stay proceedings as he seeks to exhaust state court consideration of all of his federal claims. The Clerk of this Court is ordered to administratively close this case until either of the parties moves to restore this matter. Petitioner is directed that he has 30 days from the entry of this order to initiate collateral proceedings in state court and that, if he is denied relief there, he will have 30 days after state court exhaustion is completed to reopen these federal proceedings. Failure to meet these deadlines will result in the st ay being vacated nunc pro tunc as of the date it was entered; vacatur of the stay in turn may result in petitioner being barred from reopening his federal habeas petition because of the expiration of the one-year filing deadline. Petitioner also is d irected to notify this Court of the date he initiates collateral proceedings in state court and to supply this Court with any case or calendar number assigned by the clerk of that court. (Ordered by Judge Eric N. Vitaliano on 3/19/2011) c/m (Galeano, Sonia)
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