Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of Corrections

U.S. Court of Appeals, Fifth Circuit · Decided 1978-10-23

Cited by 215 later decision(s) in our corpus · see the citation network in Lexace

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TJOFLAT, Circuit Judge: The exhaustion of state remedies is a doctrine, grounded on notions of comity, that requires a state prisoner to present his claim of constitutional error to the state court system prior to petitioning for federal habeas corpus relief. The rule in this circuit is that a federal district court generally must dismiss, without prejudice, a state prisoner’s petition for a writ of habeas corpus that contains…

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