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VENTURA v. CUPP

No. 81-3598.

690 F.2d 740 (1982)

Milton VENTURA, Plaintiff-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1982.

As Amended January 12, 1983.

Attorney(s) appearing for the Case

Hollis K. McMilan, Eugene, Or., for plaintiff-appellant.

Virginia L. Linder, Asst. Atty. Gen., Salem, Or., for defendant-appellee.

Before KILKENNY, SNEED and SKOPIL, Circuit Judges.

PER CURIAM:

This is an appeal from the denial of a petition for habeas corpus. It nicely illustrates certain difficulties with the exhaustion of state remedies requirement.

Federal law requires exhaustion of all state remedies. 28 U.S.C. § 2254(b)-(c) (1976); Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 1201-02, 71 L.Ed.2d 379 (1982). Remedies that appear not to have been exhausted, such as the appeal of a conviction...

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