Legal Opinion

Samar Akins v. Michael L. Kenney, Warden of the Nebraska State Penitentiary

Court of Appeals for the Eighth Circuit

Decided June 6, 2005No. 02-1913PublishedCited by 89 opinions

1Opinion of the Court

HANSEN, Circuit Judge.

We previously affirmed the dismissal of Samar Akins’s petition for a writ of habeas corpus, 28 U.S.C. § 2254 (2000), for failure to exhaust state court remedies, and we reversed the dismissal to the extent it encompassed claims for which there was no currently available state court remedy; we further found no error in the district court not granting a stay sua sponte pend ing exhaustion. See Akins v. Kenney, 341 F.3d 681 (8th Cir.2003), cert. granted and judgment vacated by — U.S. -, 125 S.Ct. 1723, 161 L.Ed.2d 596 (2005). Having now reconsidered this case on remand from…

2Cases cited8 opinions

  1. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Rhines v. WeberSupreme Court of the United States · 2005
  4. Duncan v. WalkerSupreme Court of the United States · 2001
  5. Hall v. StateNebraska Supreme Court · 2002

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3Cited by89 opinions

  1. Fred Jay Jackson v. Ernest C. Roe, WardenCourt of Appeals for the Ninth Circuit · 2005
  2. Fairchild v. WorkmanCourt of Appeals for the Tenth Circuit · 2009
  3. James P. Dolis v. John ChambersCourt of Appeals for the Seventh Circuit · 2006
  4. Welch v. LundCourt of Appeals for the Eighth Circuit · 2010
  5. Banks v. JacksonCourt of Appeals for the Sixth Circuit · 2005

84 more not listed; retrieve them via the Exa API.

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