Herman Hall, Jr. v. Superintendent Paul L. Dipaolo

Pro se petitioner Herman Hall, a Massachusetts inmate, seeks a certificate of probable cause to appeal the dismissal of his second petition for habeas corpus. The district court adopted the recommendation of a magistrate judge and dismissed the habeas petition on the the ground that Hall failed to exhaust his state remedies. In so doing, the court relied on the fact that Hall had previously filed a similar habeas petition that was dismissed for nonexhaustion. For the reasons discussed below, we grant the certificate of probable cause and vacate the dismissal. We remand for consideration of…