Legal Opinion
Byrnes v. Vose
District Court, D. Rhode Island
Decided November 13, 1991No. C.A. No. 91-0175LPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
LAGUEUX, District Judge.
I. INTRODUCTION
Pursuant to 28 U.S.C. § 636(b)(1), respondent objects to the Report and Recommendation of United States Magistrate Judge Timothy M. Boudewyns to the effect that respondent’s motion to dismiss be denied because, according to the doctrine of futility, petitioner Ralph Byrnes need not exhaust his state court remedies before seeking habeas corpus relief in this Court. Magistrate Judge Boudewyns issued a substantial Report discussing this recommendation, which this Court has examined carefully. He states correctly that “the exhaustion by a…
2Cases cited12 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Peyton v. RoweSupreme Court of the United States · 1968
- Duckworth v. SerranoSupreme Court of the United States · 1981
- John F. Ouimette v. John Moran, Director of the Department of CorrectionsCourt of Appeals for the First Circuit · 1991
- Rowe v. PeytonCourt of Appeals for the Fourth Circuit · 1967
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3Cited by1 opinion
- Ralph Byrnes v. George Vose, Etc.Court of Appeals for the First Circuit · 1992