Opinion
09 Civ. 2175 (JGK).
January 4, 2010
MEMORANDUM OPINION AND ORDER
The Court has received the attached request to stay the petitioner's habeas corpus petition.
The Court may stay a petition to allow for the exhaustion of state court claims 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 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).
If the petitioner seeks to have his petition stayed while he exhausts state court remedies, the petitioner should explain what claim or claims he seeks to exhaust in state court and show good cause for staying his habeas petition while he exhausts those claims.
The petitioner should file any such request by January 25, 2010. The respondent should reply by February 15, 2010. The petitioner may reply by March 1, 2010.