BYRNES v. VOSE

C.A. No. 91-0175L.

777 F.Supp. 171 (1991)

Ralph BYRNES, Petitioner, v. George VOSE, Director, Department of Corrections, State of Rhode Island, Respondent.

United States District Court, D. Rhode Island.

November 13, 1991.


Attorney(s) appearing for the Case

Edward J. Romano, Paul J. DiMaio, Providence, R.I., for petitioner.

Aaron L. Weisman, Sp. Asst. Atty. Gen., Providence, R.I., for respondent.


MEMORANDUM AND ORDER

LAGUEUX, District Judge.

I. INTRODUCTION

Pursuant to 28 U.S.C. § 636(b)(1), respondent objects to the Report and Recommendation of United States Magistrate Judge Timothy M. Boudewyns to the effect that respondent's motion to dismiss be denied because, according to the doctrine of futility, petitioner Ralph Byrnes need not exhaust his state court remedies before seeking habeas corpus relief in this Court. Magistrate Judge...

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