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MARTIN v. WARDEN

United States District Court, Southern District of New York


March 20, 2003

ANTHONY R. MARTIN, PETITIONER,
v.
WARDEN, VCBC, ROBERT JOHNSON, DA, NEW YORK COMMISSIONER OF CORRECTION, HON. JUSTICE BERNSTEIN, PART B, BRONX SUPREME COURT, HON. JUDITH KAYE, CHIEF COURT ADMINISTRATOR, RESPONDENTS.

The opinion of the court was delivered by: Laura Taylor Swain, United States District Judge

MEMORANDUM ORDER

Petitioner filed a petition for a writ of habeas corpus in this Court on or about January 29, 2001 (the "Petition"). The Petition contains eight causes of action alleging various constitutional infirmities in connection with the proceedings to extradite Petitioner to Florida. In connection with the Petition, Petitioner also filed an application styled "Emergency Motion to Stay Removal of Petitioner and to Order Release on Bail" (the "Application"). The Court denied the Application on February 22, 2001. The Court received information that Petitioner was scheduled to be extradited to Florida and subsequently received indication of Petitioner's discharge from the Bronx facility where he had been incarcerated.

In rendering its decision denying the Application, the Court determined that Petitioner had failed to demonstrate that he had exhausted his claims within the relevant state court proceedings. To date, there has been no further evidence that Petitioner has exhausted his state court remedies.

In addition, it appears that Petitioner is not in custody in the State of New York, such that the Court appears to lack jurisdiction of the Petition, which relates to proceedings in Florida.

In light of the foregoing, Petitioner shall have 60 days from the date of this order to file with the Court and serve upon the office of the Attorney General of the State of New York evidence of exhaustion of the claims asserted in the Petition and evidence that the Court has jurisdiction of the Petition. If Petitioner fails to file and serve such evidence within 60 days from the date herein, the Petition will be dismissed without further notice.

Petitioner's application, dated July 20, 2001, for an order granting immediate release is denied.

IT IS SO ORDERED.

20030320

© 1992-2003 VersusLaw Inc.



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