Does failure to exhaust administrative remedies mean that a petition was improperly filed?
MultiRegion, United States of America
The following excerpt is from HOOVER v. SWARTHOUT, No. 2: 10-cv-1447 WBS KJN P (E.D. Cal. 2011):
1 Failure to exhaust administrative remedies does not mean the petition was improperly filed pursuant to 28 U.S.C. 2244(d)(2). Procedural deficiencies do not render a petition improperly filed so long as its "delivery and acceptance are in compliance with the applicable laws and rules governing filings." Atruz v. Bennett, 531 U.S. 4, 8 (2000).
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