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RIVERA v. GREINER

Nos. 01-CV-1157 (JBW), 03-MISC-0066(JBW).

272 F.Supp.2d 197 (2003)

Mariano RIVERA, Petitioner, v. Charles GREINER, Superintendent of Greenhaven Correctional Facility, Respondent.

United States District Court, E.D. New York.

June 12, 2003.

Attorney(s) appearing for the Case

Monique Denise Ferrell, Brooklyn, NY, for Respondent.

Mariano Rivera Stromville, NY, David W. Windley, Brooklyn, NY, for Petitioner.

ORDER

WEINSTEIN, Senior District Judge.

No hearing on this matter is necessary. For the reasons discussed below, the petition for a writ of habeas corpus is stayed for a reasonable period of time to allow petitioner to exhaust his claim in state court if he so chooses.

I. Facts and Procedural History

Petitioner was tried before a jury on numerous charges stemming from incidents of rape, sodomy and sexual abuse of his six-year-old stepdaughter...

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