Howard v. Northern NH Correctional Facility, Warden - Document No. 4
Howard v. Northern NH Correctional Facility, Warden - Document No. 4
Howard v. Northern NH Correctional Facility, Warden - Document No. 4
4
Case 1:05-cv-00277-PB Document 4 Filed 08/11/2005 Page 1 of 9
Gary W. Howard
O R D E R
state remedies.
Dockets.Justia.com
Case 1:05-cv-00277-PB Document 4 Filed 08/11/2005 Page 2 of 9
Background
Facility (“NCF”).
Howard filed a motion for new trial with the superior court
July 25, 2005. He also filed two notices of appeal with the New
1
The petition alleges that Howard was charged with five
counts of aggravated felonious sexual assault, two counts of
felonious sexual assault and one count of sexual assault but
fails to identify the precise offenses for which he was
convicted.
2
Case 1:05-cv-00277-PB Document 4 Filed 08/11/2005 Page 3 of 9
Standard of Review
Discussion
exhaustion requirement.
federal court.
relief. Ground One of the petition alleges that the victim, his
Sanders v. Sullivan, 863 F.2d 218, 225 (2d Cir. 1988) (“Only
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Case 1:05-cv-00277-PB Document 4 Filed 08/11/2005 Page 7 of 9
III. Stay
126 n.3 (1st Cir. 2001); see also Delaney v. Matesanz, 264 F.3d
his claims have been exhausted, it does not appear that a stay is
Conclusion
SO ORDERED.
__________________________________
James R. Muirhead
United States Magistrate Judge