United States of America Ex Rel. Herbert Cornitcher v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania
This text of 455 F.2d 514 (United States of America Ex Rel. Herbert Cornitcher v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
In his habeas corpus petition in the district court, the petitioner raises a number of issues with regard to this case which have not yet been considered either by a Pennsylvania court under the Post Conviction Hearing Act, 19 Pa.Stat.Ann. § 1180-5, or by the district court in the habeas petitions which he previously had filed there.
The district court, 315 F.Supp. 1300, dismissed the petition here in question without prejudice because of Cornitcher’s failure to exhaust his state remedies. 28 U.S.C. § 2254(b). We agree with the district court’s conclusion that all the issues raised here will be cognizable in the state courts of Pennsylvania, and therefore affirm the order dismissing the petition. United States ex rel. Huffman v. Commonwealth Court of Dauphin County, 453 F.2d 1254 (3d Cir., 1972).
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455 F.2d 514, 1972 U.S. App. LEXIS 10817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-ex-rel-herbert-cornitcher-v-alfred-t-rundle-ca3-1972.