Capps v. Kaplan
| Evony Capps |
| Sabrina Kaplan |
| 1:2010cv00784 |
| September 30, 2010 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Westchester |
| William M. Skretny |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
20
-CLERK TO FOLLOW UP-DECISION AND ORDER dismissing the petition. (Clerk to close case.) Signed by Hon. Michael A. Telesca on 11/21/14. (JMC)
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Filing
14
ORDER that to the extent petitioner's ineffective assistance of counsel claim raised in her petition is unexhausted, the claim remains dismissed without prejudice subject to the condition that petitioner return to this Court within 30 days of th e completion of her efforts to exhaust said claim. Further, upon completion of the section 440.10 state court proceedings, petitioner shall file a motion with this Court within 30 days seeking to vacate the stay and reinstate the claim. Further, res pondent is directed to notify the Court within 30 days of receipt of this Order of the status of the July 2012 section 440.10 motion filed by petitioner. Further, this petition is stayed nunc pro tunc as of the date of the original Decision and Order staying the petition (10/21/11) pending completion of petitioner's efforts to exhaust the ineffective assistance of counsel claim. Signed by Hon. Michael A. Telesca on 2/25/14. (DZ)
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Filing
11
ORDER directing Petitioner to advise the Court, in writing, no later than 6/20/13 of the status of the 440.10 motion filed by Petitioner in November 2012. Further, the Court directs Petitioner to advise the Court of the status of the second 440.10 motion filed in July 2012. Further, Respondent shall file a reply to Petitioner's response to this Order within 30 days of receipt of Petitioner's response herein. Signed by Hon. John T. Curtin on 5/15/13. (DZ)
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Filing
7
ORDER that the stay-and-abeyance entered on 2/8/13 is vacated nunc pro tunc and the ineffective assistance of trial counsel claim raised in the petition remains dismissed without prejudice. Further, Respondent shall file and serve an answer and memo randum of law by 5/15/13; Petitioner shall have 30 days upon receipt of the answer to file written response. The Clerk of Court shall serve a copy of the application, together with a copy of this order, by certified mail, upon respondent Superinte ndent of Bedford Hills Correctional Facility and upon the Office of the Attorney General, Federal Habeas Unit, 120 Broadway, 12th. Floor, New York, NY 10271-0332. The Clerk of Court shall also mail a copy of this order to the District Attorney of Erie County. Signed by Hon. Michael A. Telesca on 4/2/13. (DZ)
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| Petitioner: Evony Capps | |
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| Respondent: Sabrina Kaplan | |
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