Garcia v. Collado

Full title: PABLO GARCIA, Petitioner, v. J. COLLADO, Superintendent, Shawangunk…

Court: United States District Court, S.D. New York

Date published: Jun 8, 2022

21 Civ. 07879 (ALC) (S.D.N.Y. Jun. 8, 2022)

Opinion

21 Civ. 07879 (ALC)

06-08-2022

PABLO GARCIA, Petitioner, v. J. COLLADO, Superintendent, Shawangunk Correctional Facility, Respondent.

HON. ANDREW L. CARTER JR. UNITED STATES DISTRICT JUDGE

MOTION FOR EXTENSION OF TIME AND OR STAY AND ABEYANCE

HON. ANDREW L. CARTER JR. UNITED STATES DISTRICT JUDGE

COMES NOW Petitioner, Pablo Garcia, respectfully requests for this Court to grant him an extension and/ or Stay and Abeyance to file a reply to the Respondent's Declaration in Opposition and/ or amend petitioner's habeas corpus petition. In support of this request, Petitioner states as follows:

1. Respondent's response of a Declaration in Opposition was filed on or about December 16, 2021.

2. Petitioner respectfully requests an extension because Petitioner is still awaiting the judgment on his writ of Error Coram Nobis in the State Court! in which, after four extensions that has been provided to the District Attorney, the District Attorney filed their response on April 11, 2022 (copies of letters enclosed). Therefore, the State Court has not yet made their verdict on the writ of error coram nobis, OR

3. Petitioner respectfully requests a Stay and Abeyance not only in anticipation of the judgment for the coram nobis, in which Petitioner just recieved the response on April 11th; but also because Petitioner has unexhausted claims in the State Court including an "ineffective assistance of trial counsel" and an "Actual Innocence" claim that will be implemented in a 440- motion that petitioner's counsels are filing with the State Court.

4. Petitioner respectfully requests this extension, as this is Petitioner's second request for an extension.

For the foregoing, Petitioner prays this Court grants the requested relief. He further prays for any other and further relief which the Court may deem just and proper under the circumstances.

Petitioner is granted a final extension. Reply due by August 3, 2022. If no reply is received by August 3, the Court will consider the petition. fully submitted. The Clerk of Court is respectfully directed to serve this order upon pro se Plaintiff.

SO ORDERED