By: Daily Record Staff//April 18, 2013
By: Daily Record Staff//April 18, 2013//
U.S. District Court, WDNY
Stay of Proceedings
Exhaustion of Administrative Remedies — Good Cause
Cox v. State of New York
Background: The petitioner requested a writ of habeas corpus but the court rejected it as there were a mix of exhausted issues and unexhausted issues. The petitioner then requested a stay of the proceedings permitting him time to exhaust his claims.
Ruling: The District Court denied his request for a stay. The court found that the petitioner failed to assert good cause for the delay in exhaustion for his ineffective assistance of counsel and repugnant verdict claims. In order to be granted a stay, the petitioner was required to show good cause for the failure to exhaust and did not do so.
Henry Cox, pro se; Priscilla L. Steward of the New York State Office of the Attorney General for the defendants