Opinion
02 Civ. 3783 (LAK)
August 29, 2002
ORDER
Petitioner, a state prisoner in consequence of his conviction of attempted robbery and criminal possession of a weapon in the fourth degree, seeks a writ of habeas corpus. The petition assigns two grounds, viz. that petitioner was denied his constitutional right to represent himself at trial, and that petitioner was denied the effective assistance of appellate counsel.
The petition concedes on its face that the second of these two grounds was not raised in state court. The petition thus is a "mixed" one. In light of Zarvela v. Artuz, 254 F.3d 374, 380 (2d Cir.), cert. denied, 122 S.Ct. 506 (2001), the Court stays all proceedings on the petition pending petitioner's complete exhaustion of his state remedies. Petitioner shall notify the Court, with service upon the respondent, when that has occurred.
The Clerk shall place the case on the suspense docket pending further order of the Court.
SO ORDERED.