On Monday, Judge Gregory Carro issued an order setting a deadline of October 9 for prosecutors to respond to the defense’s request to dismiss state charges against Luigi Mangione. Mangione’s attorneys argue that state proceedings cannot continue following his guilty plea in federal court for stalking in relation to the death of UnitedHealthcare CEO Brian Thompson.

Last week, on August 11, Mangione appeared for a pre-trial hearing at Manhattan Criminal Court in New York. The judge’s decision has temporarily postponed the state murder trial while the legal arguments are reviewed.