Legal Opinion
Pidgeon v. Attorney General of State of New York
District Court, S.D. New York
Decided March 6, 1987No. 87 Civ. 0844 (CLB)PublishedCited by 1 opinion
1Opinion of the Court
BRIEANT, Chief Judge.
Treating the petitioner’s letter, filed February 27,1987, as a motion for reconsidera tion, the motion is granted and upon reconsideration the Court adheres to its prior determination.
By Memorandum and Order dated February 18, 1987, this Court dismissed petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 for failure to exhaust state remedies under Rule 4, because petitioner had an undecided appeal pending in the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department. That appeal is still pending.
On March…
2Cases cited11 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Fay v. NoiaSupreme Court of the United States · 1963
- John Wesley Ralls v. John R. Manson, Commissioner of Correction of the State of ConnecticutCourt of Appeals for the Second Circuit · 1974
- Wheeler v. KellyDistrict Court, E.D. New York · 1986
- United States of America Ex Rel. Charles Noia, Relator-Appellant v. Edwin M. Fay, as Warden of Greenhaven Prison, State of New YorkCourt of Appeals for the Second Circuit · 1962
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3Cited by1 opinion
- Taylor v. ScullyDistrict Court, S.D. New York · 1987