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Anthony Perkins v. Thomas Lavalley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


December 14, 2011

ANTHONY PERKINS,
PETITIONER,
v.
THOMAS LAVALLEY,
RESPONDENT.

The opinion of the court was delivered by: John G. Koeltl, District Judge:

MEMORANDUM OPINION AND ORDER

The Court has received the attached pro se petitioner's application for an extension of time to file his reply memorandum. The petitioner's application is granted. The petitioner should submit his reply memorandum by January 10, 2012.

The petitioner has also requested that the Court stay his petition for habeas corpus. The Court may stay a habeas petition to allow for exhaustion of claims in state court if the petitioner can demonstrate that: (1) good cause exists for failing to exhaust the claims previously, (2) the claims are potentially meritorious, and (3) the petitioner did not intentionally engage in dilatory litigation tactics. See Rhines v. Weber, 544 U.S. 269, 277-78 (2005); Vasquez v. Parrott, 397 F.Supp.2d 452, 464 (S.D.N.Y. 2005).

In the attached letter, the petitioner acknowledges the respondent's argument that his petition includes both exhausted

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