Legal Opinion
Ayala v. Scully
District Court, S.D. New York
Decided July 24, 1986No. 83 Civ. 4749 (JES)PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER
SPRIZZO, District Judge:
Petitioner, Jose Ayala, moves pro se for a writ of habeas corpus under 28 U.S.C. § 2254 (1982). The instant petition was referred to a Magistrate for a report and recommendation. The Magistrate recommended dismissal on the grounds that petitioner has failed to exhaust his state court remedies. Neither party has filed objections to the Magistrate’s report pursuant to 28 U.S.C. § 636(c) (1982). For the reasons set forth infra, the Court agrees with the Magistrate’s recommendation that petitioner’s claim must be dismissed because petitioner has failed to…
2Cases cited13 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Peyton v. RoweSupreme Court of the United States · 1968
- William Daye v. Attorney General of the State of New York and Eugene Le Fevre, Superintendent, Greenhaven Correctional FacilityCourt of Appeals for the Second Circuit · 1982
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3Cited by3 opinions
- Jenkins v. BaraDistrict Court, E.D. New York · 1987
- Colon v. JohnsonDistrict Court, S.D. New York · 1998
- de la Cruz v. KellyDistrict Court, S.D. New York · 1986