Legal Opinion
Alston v. Senkowski
District Court, S.D. New York
Decided July 2, 2002No. 01 Civ.2889 SHS GWGPublished
1Opinion of the Court
ORDER
STEIN, District Judge.
In a Report and Recommendation dated May 21, 2002, Magistrate Judge Gabriel W. Gorenstein recommended that petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 should be dismissed because he has not established a permissible “cause” for the failure to exhaust his state court remedies and because nothing in his papers shows a fundamental miscarriage of justice (i.e., actual innocence).
After a de novo review of Magistrate Judge Gorenstein’s Report and Recommendation dated May 21, 2002, respondent’s objections date May 24, 2002, and…
2Cases cited31 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Wainwright v. SykesSupreme Court of the United States · 1977
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