Charles E. Pillette v. Dale Foltz & Frank Kelley

CONTIE, Senior Circuit Judge.

Petitioner Charles E. Pillette appeals from a district court order dismissing without prejudice his habeas corpus petition for failure to fully exhaust state remedies. Petitioner first argues that he has sufficiently exhausted available state remedies with regard to his claim of ineffective assistance of counsel. He secondly argues in the alternative that even if his state remedies have not been exhausted, he should not be required to pursue them because any further attempt to obtain redress for his claim would be futile. For the reasons which follow, we affirm.

I

In…