Sanabria v. Morton

OPINION

LIFLAND, District Judge.

Jesus Sanabria, currently incarcerated at the New Jersey State Prison in Trenton, New Jersey, petitions this Court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Because his petition contains both exhausted and unexhausted claims, it must be dismissed. See Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982).

BACKGROUND

On March 12, 1986, a jury convicted Sanabria of one count of murder, N.J.S.A. *140§ 2C:ll-3(a)(l) and/or N.J.S.A. § 2C:11-3(a)(2), one count of possession of a weapon for an unlawful purpose, N.J.S.A. § 2C:39-4(a), and one count…