United States Second Circuit

A federal prisoner who defaults in pursuit of his administrative remedies will also be denied habeas review absent a showing of cause and prejudice under 28 USC 2241 even if the comity between federal and state courts rationale does not apply.

Appellate Information

• Decided 03/20/2001
• Published 03/20/2001

Judges

• CARDAMONE, Circuit Judge:, Before CARDAMONE, POOLER, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Carlos Pelaez-Edison Carmona, Brooklyn, NY, submitted as Pro Se Petitioner-Appellant.


• For Appellees:
  
• Vincent Lipari, U.S. Attorney's Office, Eastern District of New York, Brooklyn, NY, for Respondent-Appellee.