Jones v. Greiner

Full title: MARVEL JONES, Petitioner, -against- CHARLES GREINER, Respondent

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

Date published: Dec 18, 2003

02 Civ. 3783 (LAK) (S.D.N.Y. Dec. 18, 2003)

Opinion

02 Civ. 3783 (LAK)

December 18, 2003

ORDER

LEWIS KAPLAN, District Judge

By order dated August 29, 2002, the Court stayed this proceeding and placed it on the suspense docket pending complete exhaustion of petitioner's state remedies. Petitioner now moves to reinstate the case to the active docket.

The papers now before the Court show that petitioner made a motion to vacate the judgment of conviction pursuant to N.Y. Crim. Proc. L. §§ 440.10, 440.20 and 440.30(5) in the New York Supreme Court, New York County, on or about July 14, 2003 and that the motion was denied by order dated October 10, 2003.

Orders denying motions pursuant to CPL §§ 440.10 and 440.20 pursuant to which petitioner sought vacatur of his conviction by the state court are appealable by leave of a justice of the Appellate Division. N.Y.Crim.P. §§ 450.15, 460.15. Petitioner's papers are silent as to whether leave has been sought or granted. They therefore do not demonstrate complete exhaustion of state remedies.

Accordingly, the motion is denied with leave to renew.

SO ORDERED.