United States First Circuit
NOWACZYK v. WARDEN, NEW HAMPSHIRE STATE PRISON, 98-1921, 99-1379
District court abused its discretion in dismissing a fully-exhausted habeas petition filed under the Antiterrorism and Effective Death Penalty Act, rather than retaining jurisdiction and entering a stay pending the outcome of state proceedings.
Appellate Information
- Decided 08/14/2002
- Published 08/14/2002
Judges
- LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- William A. Hahn, with whom Hahn & Matkov was on brief, for appellant.
- For Appellees:
- Nicholas Cort, Assistant Attorney General, with whom Philip T. McLaughlin, Attorney General, was on brief, for appellee.