Steven Garofolo v. Philip Coomb, Superintendent, Eastern New York Correctional Facility

OAKES, Circuit Judge:

A state defendant seeking a grant of federal habeas corpus has at least four hurdles to get over to assert a viable claim. The first is that he must exhaust his available state remedies, Picard v. Connor, 404 U.S. 270, 275-76, 92 S.Ct. 509, 512, 30 L.Ed.2d 438 (1971), with the concomitant rule that he must exhaust his remedies as to all claims presented to the federal court, Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). The second is that his federal claims must not have been defeated in the state courts due to his own procedural default unless he…