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SANTANA v. FENTON

Civ. No. 79-3296.

570 F.Supp. 760 (1983)

Rene SANTANA, Petitioner, v. Peter FENTON, Superintendent, Rahway State Prison and the Attorney General of New Jersey, Respondents.

United States District Court, D. New Jersey.

January 31, 1983.

Attorney(s) appearing for the Case

David A. Ruhnke, Asst. Federal Public Defender, Newark, N.J., for petitioner.

Irwin I. Kimmelman, Atty. Gen. of N.J., Trenton, N.J., George L. Schneider, Prosecutor of the Pleas for Essex County, by Hilary L. Brunell, Asst. Prosecutor, Newark, for respondents.

MEMORANDUM

BIUNNO, Senior District Judge.

This case was remanded by the U.S. Court of Appeals for the Third Circuit, with instructions to dismiss the petition for failure to exhaust state remedies, leaving petitioner the choice of returning to state court to exhaust his claims, or of amending or resubmitting the habeas petition to submit only exhausted claims to the district court, citing Rose v. Lundy,

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