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Broadnax v. Graham

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 17, 2009

ANTONIO BROADNAX, PETITIONER,
v.
HAROLD D. GRAHAM, SUPT., RESPONDENT.

The opinion of the court was delivered by: Gary L. Sharpe United States District Judge

DECISION and ORDER

Presently before this Court is a request filed by petitioner pro se Antonio Broadnax to voluntarily dismiss this action without prejudice to his filing a new petition pursuant to 28 U.S.C. § 2254 after he has fully exhausted in the state courts all claims he may assert in support of any future request for federal habeas intervention. See Dkt. No. 13.*fn1

The Court grants such request.

Broadnax is advised to promptly file any collateral challenge(s) to his conviction in the state courts, and, after fully exhausting any such proceeding(s), he should then promptly file a new § 2254 petition in this District challenging his state court conviction if, at that time, he seeks federal habeas intervention.

WHEREFORE, it is hereby

ORDERED, that petitioner's request to dismiss this action without prejudice for the reasons stated above (Dkt. No. 13) is GRANTED, and it is further

ORDERED, that the Clerk of the Court serve a copy of this Order on the parties.

IT IS SO ORDERED.


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