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E.D. New York· 7/27/2002

Carpenter v. Reynolds

Citations

  • 212 F. Supp. 2d 94
  • 2002 U.S. Dist. LEXIS 13642
  • 2002 WL 1732508

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that by dismissing a habeas petition without prejudice for failure to exhaust state remedies, it “enables [a petitioner] to file a future petition without being barred by the AEDPA’s prohibition on second or successive petitions”
  • dismissing petition that contained only unexhausted claims because “the Court has no basis to retain jurisdiction while [petitioner] pursues exhaustion”
  • dismissing a petition without prejudice for failure to exhaust when, “with reasonable certainty,” it appeared that Petitioner could take advantage of “various stays and tolling provisions of the [AEDPA] limitations period” to ensure that any subsequently-filed habeas petition was timely filed

Source: CourtListener parenthetical corpus (CC0).

Judges: Spatt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.