Rodriguez v. Vance, No. 1:2018cv06202 - Document 27 (S.D.N.Y. 2019)

Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, those claims may now be barred by New York law. N.Y. Crim. P. Law § 440.10(2) (c) ("[T]he court must deny a motion to vacate a judgment when[,] [a]lthough sufficient facts appear on the record of the proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review of the ground or issue raised upon the motion, no such appellate review or determination occurred owing to the defendant's unjustifiab le failure to take or perfect an appeal during the prescribed period or to his unjustifiable failure to raise such ground or issue upon an appeal actually perfected by him.... "). In any event, the stay procedure should not be used to frustra te the one-year statute of limitations in 28 U.S.C. § 2244(d) or to encourage piecemeal exhaustion and successive petitions for federal habeas corpus. See Rhines, 544 U.S. at 277. The petition has failed to show good cause for a stay in this case. Therefore, the petitioner's request to stay this case is denied. The petitioner should submit his reply to the response to his petition by June 30, 2019. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/2019) (rj)