Clifford v. White

MEMORANDUM AND ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO EXHAUST

JOHN W. OLIVER, Senior District Judge.

I

This case pends on pro se petition for writ of habeas corpus filed February 28, 1983, under 28 U.S.C. § 2254. We find and conclude that petitioner has failed to exhaust available state post-conviction remedies in that petitioner failed to effect an appeal from the denial of either of two Rule 27.26 V.A.M.R. motions in the Circuit Court of Caldwell County but may yet seek leave to file a late notice of appeal under Rule 30.03, V.A.M.R. or may be able to file a third Rule 27.26…