Legal Opinion
Carr v. Fischer
District Court, E.D. New York
Decided September 9, 2003No. 1:01-cv-06878Published
1Opinion of the Court
ORDER
GERSHON, District Judge.
The unopposed report and recommendation of the Honorable Cheryl L. Poliak, Magistrate Judge, dated August 6, 2003, which recommends that this petition for a writ of habeas corpus be denied is adopted. Judge Poliak found that the claims were unexhausted but, wisely, given the closeness of the issue of exhaustion as to at least some of the claims, went on to consider both procedural bar and the merits of each claim. Her analysis of these issues is comprehensive and sound, and it is adopted by the court.
The petition for a writ of habeas corpus is denied. As…
2Cases cited74 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Schlup v. DeloSupreme Court of the United States · 1995
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