Legal Opinion
Peter M. Gatlin v. M.K. Madding, Warden Attorney General of the State of California People of the State of California
Court of Appeals for the Ninth Circuit
Decided August 25, 1999No. 98-56249PublishedCited by 240 opinions
1Opinion of the Court
RYMER, Circuit Judge:
California state prisoner Peter M. Gatlin appeals the district court’s order dismissing without prejudice for failure to exhaust his 28 U.S.C. § 2254 petition for writ of habeas corpus pursuant to a certificate of appealability (COA) issued by a motions panel of this court. After briefing had been completed, the state moved to dismiss on the ground that we lack subject matter jurisdiction to decide the certified issue because exhaustion is a statutory requirement, not a constitutional issue as required under 28 U.S.C. § 2253(c)(2). We disagree that our subject matter…
2Cases cited13 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Duncan v. HenrySupreme Court of the United States · 1995
- Gray v. NetherlandSupreme Court of the United States · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by240 opinions
- Eric Allen Peterson v. Robert LampertCourt of Appeals for the Ninth Circuit · 2003
- Phillip Jackson Lyons v. Jackie CrawfordCourt of Appeals for the Ninth Circuit · 2000
- Douglas James v. R.A. Giles, Daniel E. Lungren, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2000
- Runningeagle v. SchriroCourt of Appeals for the Ninth Circuit · 2012
- Joseph Hunt v. Cheryl Pliler, Warden Csp-Sac Cal Terhune, Director of the CDC California Department of Corrections California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
235 more not listed; retrieve them via the Exa API.