Lisa Michelle Lambert v. Charlotte Blackwell, Mrs., Superintendent the Attorney General of the State of Pennsylvania

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal we are faced with the onerous task of determining whether the district court, upon petition for writ of habeas corpus, erred in granting the unconditional release of one convicted of first degree murder by a state trial judge. Under Rose v. Lundy, 455 U.S. 509, 522, 102 S.Ct. 1198, 1205, 71 L.Ed.2d 379 (1982), the district court is required to dismiss a federal habeas petition filed pursuant to 28 U.S.C. § 2254 which contains both unexhausted and exhausted claims. Because we find the petitioner has not yet pursued her remedies under…