| 2008-06-06 |
3 |
0 |
Order 60 Days Other (case opening) |
60 DAYS ORDER, Accordingly, petitioner is directed to submit an amended petition containing the information specific above with respect to the status of his custody in connection with the Sullivan County conviction, the timeliness of the instant petition, and whether he exhausted his state court remedies by seeking leave to appeal the denial of his 440.10 motion to the Appellate Division. Should petitioner decide to submit an amended petition, it must be submitted to this Court's Pro Se Office within sixty (60) days of the date of this order, be captioned as an "Amended Petition" and bear the same docket number as this order. Petitioner is advised that any amended petition submitted will replace, not supplement, his original petition. Therefore, any allegations, grounds, and/or claims petitioner wishes to preserve from the original petition must be included in his amended petition. All further proceedings shall be stayed for sixty (60) days or until petitioner has complied with this order. If petitioner fails to comply with this order within the time allowed, or failed to show good cause why he cannot comply, the instant action will be dismissed without prejudice. Once submitted, the amended petition shall be reviewed for compliance with this order and substantive sufficiency, and then, if proper, the instant action shall be reassigned to a district judge in accordance with the procedures of the Clerk's Office. As petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability shall not be issued. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that appeal from this order would not be taken in good faith. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/6/2008) (mbe) |
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