Legal Opinion

Wayne Paul Burkett v. William Love, Superintendent, Answering Blair County District Attorney

Court of Appeals for the Third Circuit

Decided August 16, 1996No. 95-3525PublishedCited by 136 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this case, a state prisoner alleges that he was denied parole in retaliation for the successful pursuit of relief in various federal habeas corpus proceedings. The district court denied the petition on the merits and also found a failure to exhaust “administrative” remedies.1 Because we conclude that petitioner has failed to exhaust state remedies, and in addition, that some uncertainty exists as to the proper state procedure to address the issue that the prisoner raises, we remand with directions to dismiss.

Between February 1981 and April 1982, the…

2Cases cited33 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  4. Ronald Newsom Hasan Sharif Eddie J. McMillan and Donald Wolverton v. Steve Norris, Commissioner Michael Dutton, Warden and David HindmanCourt of Appeals for the Sixth Circuit · 1989
  5. James L. Cain v. Michael P. LaneCourt of Appeals for the Seventh Circuit · 1988

28 more not listed; retrieve them via the Exa API.

3Cited by136 opinions

  1. Patrick James Jeffries v. Tana Wood, SuperintendentCourt of Appeals for the Ninth Circuit · 1997
  2. Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999
  3. Blair-Bey v. QuickCourt of Appeals for the D.C. Circuit · 1998
  4. Robert Defoy v. John M. McCullough Superintendent: Gerald J. Pappert, Att. General: Pennsylvania Board of Probation and ParoleCourt of Appeals for the Third Circuit · 2005
  5. Weaver v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 1997

131 more not listed; retrieve them via the Exa API.

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