United States District Court, N.D. New York
JOSE A. RODRIGUEZ, Petitioner,
THOMAS GRIFFIN, Respondent.
A. RODRIGUEZ, Petitioner pro se Green Haven Correctional
ERIC T. SCHNEIDERMAN Attorney for Respondent Office of the
A RAMBAUD, ESQ. Ass't Attorney General
DECISION AND ORDER
N. HURD, United States District Judge
August of 2016, petitioner Jose A. Rodriguez
("Rodriguez" or "petitioner") filed a
petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 in the United States District Court for the
Southern District of New York. Dkt. No. 2, Petition
("Pet."). The petition was subsequently transferred
to the Northern District. Dkt. No. 6.
petition, Rodriguez challenges the constitutionality of his
2011 conviction, after a jury trial in the Otsego County
Court, of the crimes of operating as a major trafficker and
criminal sale of a controlled substance in the third degree
(four counts). Pet. at 1. According to petitioner, he was
sentenced to forty years in prison. Id.
papers dated February 28, 2017, Rodriguez moves to amend his
habeas petition to include an additional claim of ineffective
assistance of appellate counsel, and a renewed motion to stay
the amended petition while he exhausts this claim in state
court. See Dkt. No. 26, Motion to Amend; Dkt. No.
26-1, Proposed Amended Pleading; Dkt. No. 27, Renewed Motion
to Stay; Dkt. No. 27-1, Exhibits.
has filed a response to the motions. Dkt. No. 28,
Respondent's Response ("Resp. Resp.").
motion to amend, Rodriguez explains that he seeks to add one
additional ground for habeas relief: petitioner received
ineffective assistance of appellate counsel "when
[counsel] omitted issues that have a reasonable probability
of success." Dkt. No. 27-1, Proposed Amended Pleading,
raised this claim in a second coram nobis petition before the
Appellate Division, Third Department, which, according to
petitioner, is still pending before that court. Dkt. No. 27,
Mot. to Amend, at 3. For a complete statement of