CAMPANALE v. HARRIS

No. 90, Docket 82-2250.

724 F.2d 276 (1983)

Frank CAMPANALE, Plaintiff-Appellant, v. David R. HARRIS, Superintendent, Green Haven Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 9, 1983.


Attorney(s) appearing for the Case

Henriette D. Hoffman, The Legal Aid Society, Federal Defender Services Unit, New York City, for plaintiff-appellant.

Marion R. Buchbinder, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Judith A. Gordon, Asst. Atty. Gen., State of N.Y., New York City, of counsel), for defendant-appellee.

Before KAUFMAN, MESKILL and PIERCE, Circuit Judges.


PIERCE, Circuit Judge:

Appellant Campanale appeals from a judgment, filed March 30, 1981, of the United States District Court for the Southern District of New York, Pierre N. Leval, Judge, denying Campanale's petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

For the reasons set forth below, we vacate the order denying the petition and we remand the cause to the district court with instructions to dismiss for failure to exhaust...

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