Hampton v. Lee, No. 1:2012cv02145 - Document 16 (S.D.N.Y. 2012)
Court Description: MEMORANDUM OPINION AND ORDER: The petitioner has alleged facts that he argues demonstrate good cause to stay his petition. The time for the respondents to respond is October 31, 2012. The time for petitioner to reply is November 14, 2012. SO ORDERED. ( Responses due by 10/31/2012, Replies due by 11/14/2012.) (Signed by Judge John G. Koeltl on 10/10/2012) (ama)
Download PDF
<![CDATA[
United States District Court Southern District of New York __________________________________ Horace Hampton, Petitioner, - against - 12 Civ. 02145 (JGK) MEMORANDUM OPINION AND ORDER William Lee, Respondent. __________________________________ JOHN G. KOELTL, District Judge: The Court has received the petitioner s response to this Court s August 27, 2012 Order. The petitioner properly identifies that the pendency of a federal habeas corpus petition does not toll the one-year AEDPA statute of limitations, but that the pendency of properly filed state court postconviction proceedings does toll the statute of limitations. See Duncan v. Walker, 533 U.S. 167, 180-82 (2001). However, the petitioner has clarified that he seeks a stay of his petition for a writ of habeas corpus during the pendency of his state court postconviction proceedings. AEDPA provides district courts discretion upon a showing of good cause to stay habeas corpus petitions that have raised both exhausted and unexhausted claims. Rhines v. Weber, 544 U.S. 269, 275-76 (2005); see 28 U.S.C. ยง 2254(b)(1)(A). The petitioner has alleged facts that he argues demonstrate good cause to stay his petition. The time for the respondents to respond is October 31, 2012. The time for petitioner to reply is November 14, 2012. SO ORDERED. Dated: New York, New York October 10, 2012 Koeltl District Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
