United States Third Circuit

Denial of a petition for writ of habeas corpus in a sexual assault and child endangerment case is affirmed where: 1) plaintiff failed to exhaust his remedies under state law, and consequently was precluded from pursuing his constitutional claims; and 2) the district court did not abuse its discretion by not granting him a stay and abeyance as he did not have good cause for his failure to exhaust.

Appellate Information

• Decided 05/04/2007
• Published 05/04/2007

Judges

• Before SMITH and COWEN, Circuit Judges, and YOHN, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mary Gibbons, Toms River, NJ, for Appellant.


• For Appellees:
  
• Bruce J. Kaplan, Simon L. Rosenbach, New Brunswick, NJ, for Appellee.