Legal Opinion

Clark v. Dalsheim

District Court, S.D. New York

Decided July 9, 1987No. 79 Civ. 3152 (JMW)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WALKER, District Judge:

INTRODUCTION

Petitioner Richard Alan Clark (“Clark”) has brought the instant petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. In her report and recommendation, Magistrate Nina Gershon recommended that this Court dismiss the instant petition on the grounds that Clark failed to exhaust his state remedies.

For the reasons set forth below, the Court finds that petitioner’s status as a fugitive warrants the dismissal of his petition. 1

STATEMENT OF FACTS

The instant petition arises out of Clark’s 1979 conviction on charges of First Degree…

2Cases cited15 opinions

  1. Molinaro v. New JerseySupreme Court of the United States · 1970
  2. Estelle v. DorroughSupreme Court of the United States · 1975
  3. Eisler v. United StatesSupreme Court of the United States · 1949
  4. United States v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in United States Currency (Terry C. McKay Claimant)Court of Appeals for the Second Circuit · 1984
  5. United States of America Ex Rel. Gerard A. Bailey v. U.S. Commanding Officer of the Office of the Provost Marshal, U.S. Army, Etc.Court of Appeals for the First Circuit · 1974

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3Cited by8 opinions

  1. In Re Ben Jean Prevot and Arielle Dominique Prevot, the Minor Children. Jean-Claude Prevot v. Debra Moseman PrevotCourt of Appeals for the Sixth Circuit · 1995
  2. State of Maryland Deposit Insurance Fund Corp. v. BillmanCourt of Appeals of Maryland · 1990
  3. Bagwell v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. Certain Real Property & Premises Known as 218 Panther StreetDistrict Court, E.D. New York · 1990
  5. Cordell v. TiltonDistrict Court, S.D. California · 2007

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