Bethany v. Noeth

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK RAYSHAWN BETHANY, Case # 20-CV-6761-FPG Petitioner, DECISION AND ORDER v. JOSEPH H. NOETH, Respondent. INTRODUCTION This is a proceeding pursuant to

28 U.S.C. § 2254

(“Section 2254”) brought by the pro se petitioner, Rayshawn Bethany. ECF No. 1. In a decision and order entered December 19, 2022, ECF No. 36, the Court found that Bethany’s amended petition, ECF No. 34, is a mixed petition containing exhausted and unexhausted claims. After considering the four procedural options available for mixed petitions, the Court declined to dismiss…