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BROOKS v. JONES

No. 1081, Docket 88-2245.

875 F.2d 30 (1989)

David BROOKS, Petitioner-Appellant, v. Everett W. JONES, Superintendent of Great Meadows Correctional Facility, Elizabeth Holtzman, Brooklyn District Attorney, Honorable Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 12, 1989.

Attorney(s) appearing for the Case

Steven A. Feldman, Hauppauge, N.Y. (Feldman and Feldman, Hauppauge, N.Y., of counsel), for petitioner-appellant.

Victor Barall, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Kings County, Brooklyn, N.Y., Barbara D. Underwood, Shulamit Rosenblum, Asst. Dist. Attys., of counsel), for respondents-appellees.

Before LUMBARD, FEINBERG and NEWMAN, Circuit Judges.

LUMBARD, Senior Circuit Judge:

David Brooks appeals from an order of the District Court for the Eastern District of New York, Glasser J., dismissing his petition for a writ of habeas corpus on the ground that Brooks had not exhausted his state remedies before filing his petition in federal court. We find that the circumstances surrounding the delay of Brooks's appeal are such that there was little likelihood that his petitioning for a writ of coram nobis...

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