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ESCOBAR v. SENKOWSKI

United States District Court, Southern District of New York


April 1, 2003

JOSE ESCOBAR, PETITIONER,
v.
DANIEL A. SENKOWSKI, SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

Respondent has moved to dismiss the petition on the ground that it contains an unexhausted claim or, alternatively, to dismiss the unexhausted claim and to stay the remainder of the petition on condition that petitioner return promptly to federal court after he fully exhausts his state remedies. By letter coincidentally dated two days earlier, petitioner asks that the petition be held in abeyance pending exhaustion.

In the circumstances, respondent's motion is granted to the extent that the petition is stayed and the case placed on the suspense docket pending complete exhaustion by petitioner of the claims asserted herein. Petitioner is directed to advise the Court and respondent promptly upon exhaustion of his state remedies. Respondent thereupon will be free to respond to the petition or make whatever motion he deems appropriate.

SO ORDERED.

20030401

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