Gimenez v. Leonardo

MEMORANDUM AND ORDER

WEXLER, District Judge.

Petitioner Edwin Gimenez (“Petitioner” or “Gimenez”) seeks a writ of habeas corpus releasing him from state custody. Although the pro se petition and memorandum of law cite various constitutional provisions, a fair reading of the papers reveals that Petitioner’s claim is that the state court’s delay in handling Petitioner’s appeal has resulted in a denial of Petitioner’s constitutional right to due process. The petition is opposed by respondent on the grounds that Petitioner has failed to exhaust available state remedies and on the merits. After…