Legal Opinion
In Re Gasery
Court of Appeals for the Fifth Circuit
Decided June 25, 1997No. 97-00226PublishedCited by 37 opinions
1Per curiam
Petitioner Lyonell Gasery, a Texas state prisoner, has moved to file-a second or successive habeas corpus petition pursuant to 28 U.S.C. § 2244(b). The district court dismissed Gasery’s first habeas petition without prejudice for failure to exhaust state remedies as to certain, but not all, of the claims presented. See Rose v. Lundy, 455 U.S. 509, 520-21, 102 S.Ct. 1198, 1204-05, 71 L.Ed.2d 379 (1982) (holding that district court should dismiss, without prejudice, habeas petition containing both exhausted and unexhausted claims). Gasery has since attempted to exhaust his state remedies, 1 and…
2Cases cited9 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Charles Jones v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1983
- Leantry Benton v. Odie WashingtonCourt of Appeals for the Seventh Circuit · 1996
- Robert Camarano v. Frank Irvin, Superintendent, Wende Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- Hatch v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- United States v. BarrettCourt of Appeals for the First Circuit · 1999
- McWilliams v. State of ColoradoCourt of Appeals for the Tenth Circuit · 1997
- United States v. PattersonCourt of Appeals for the Fifth Circuit · 2000
- Barrientes v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- In Re: Shane McClaine Cain, MovantCourt of Appeals for the Fifth Circuit · 1998
32 more not listed; retrieve them via the Exa API.