Free Order - District Court of Connecticut - Connecticut

Case 3:03-cv—OO946—RNC Document 12 Filed 05/24/2004, Paq@?>6NLgIq(”°(d I

UNITED STATES DISTRICT COURT F:lL¤EE[) I
DISTRICT OF CONNECTICUT I
ZIIIIII MAY 2I-I A ‘1= 28 I
RRRRY NRLROR = u.s. msmmr comm ]
Petitioner, IIARTFURD. CT.
: PRISONER I
V. : Case No. 3:O3cv946(RNC) I
WARDEN DAVID STRANGE, ;
: ‘
Respondent. : I
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On December 24, 2003, the court dismissed petitioner's due
process claim without prejudice for failure to exhaust state
remedies. The court stated that petitioner's claim for
ineffective assistance of counsel would not be dismissed unless
he informed the court, on or before January 20, 2004, that he
preferred to have the court dismiss that claim without prejudice
to refiling after he exhausted his state remedies on the due
process claim. Petitioner did not respond.
On March 24, 2004, the court ordered petitioner to file an
amended petition containing only the claim for ineffective
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assistance of counsel. The court notified him that if he failed
to file the amended petition on or before April 9, 2004, the
court would dismiss the petition and close the case. Again,
petitioner has not responded.
Accordingly, the petition is hereby dismissed without I
prejudice. Petitioner may (1) file a habeas petition containing
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both the due process and ineffective assistance claims after he j
exhausts his state court remedies with regard to the due process I
claim, or (2) file a habeas petition containing only the claim I
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Case 3:03-cv—00946—RNC Document 12 Filed 05/24/2004 Page 2 of 2 I
for ineffective assistance before exhausting his state court
_ remedies on the due process claim. Petitioner is reminded that i
if he files a petition containing only the claim for ineffective l
assistance of counsel, any petition that he later brings on the i
due process claim may be dismissed as a "second or successive 1
petition." The Clerk may close the file. y
So ordered.
Dated at Hartford, Connecticut this 21“ day of May 2004. l
___ £["f"""'V""V "i?):{ `
Robert N. Chati n y
United States District Judge l
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