Ralph Byrnes v. George Vose, Etc.

FUSTE, District Judge.

Petitioner Ralph Byrnes appeals a Rhode Island federal district court decision dismissing his 28 U.S.C. § 2254 state conviction habeas corpus petition for failure to first exhaust state postconviction remedies. 1 He argues before us, as he did before the district court, that it would be futile to conduct further collateral proceedings to review his conviction in the Rhode Island courts, since a codefendant, John Ouimette, sought and was denied postcon-viction redress in the state courts prior to successfully receiving habeas relief in federal court. See Ouimette v.…