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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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