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Horace Hampton v. William Lee

United States District Court Southern District of New York


October 10, 2012

HORACE HAMPTON, PETITIONER,
v.
WILLIAM LEE, RESPONDENT.

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

MEMORANDUM OPINION AND ORDER

The Court has received the petitioner's response to this Court's August 27, 2012 Order. The petitioner properly identifies that the pendency of a federal habeas corpus petition does not toll the one-year AEDPA statute of limitations, but that the pendency of properly filed state court post-conviction proceedings does toll the statute of limitations. See Duncan v. Walker, 533 U.S. 167, 180-82 (2001).

However, the petitioner has clarified that he seeks a stay of his petition for a writ of habeas corpus during the pendency of his state court post-conviction proceedings. AEDPA provides district courts discretion upon a showing of good cause to stay habeas corpus petitions that have raised both exhausted and unexhausted claims. Rhines v. Weber, 544 U.S. 269, 275-76 (2005); see 28 U.S.C. § 2254(b)(1)(A). The petitioner has salleged facts that he argues demonstrate good cause to stay his petition.

  The time for the respondents to respond is October 31, 2012. The time for petitioner to reply is November 14, 2012.

  SO ORDERED.

20121010

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