Legal Opinion
Santana v. Fenton
District Court, D. New Jersey
Decided January 31, 1983No. Civ. No. 79-3296Published
1Opinion of the Court
MEMORANDUM
BIUNNO, Senior District Judge.
This case was remanded by the U.S. Court of Appeals for the Third Circuit, with *761instructions to dismiss the petition for failure to exhaust state remedies, leaving petitioner the choice of returning to state court to exhaust his claims, or of amending or resubmitting the habeas petition to submit only exhausted claims to the district court, citing Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), see 685 F.2d 71, at 78.
Shortly after the order in lieu of mandate was filed by the clerk of this court, an order was entered to carry out the…
2Cases cited6 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Duckworth v. SerranoSupreme Court of the United States · 1981
- Rene Santana v. Peter Fenton, Superintendent, Rahway State Prison and the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1982
- United States Ex Rel. Herring v. FentonDistrict Court, D. New Jersey · 1981
- U.S. Ex Rel. Santana v. FentonDistrict Court, D. New Jersey · 1981
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