Is a motion to vacate a judgment dismissing a habeas petition for mental illness unexhausted?
MultiRegion, United States of America
The following excerpt is from Rodriguez v. Mitchell, 252 F.3d 191 (2nd Cir. 1998):
factual allegations that form the basis for the claim" and stating that "[w]e decline to review this claim because it is unexhausted"). Rodriguez then filed his first Rule 60(b) motion to vacate the judgment dismissing his habeas petition, and the district court denied the motion. We affirmed by summary order, noting that in our prior order "we had ruled . . . that the mental illness claim was unexhausted." Rodriguez v. Mitchell, No. 96-2534, 1997 WL 311801, at *1 (2d Cir., June 4, 1997).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a motion to dismiss a motion by dismissal rather than by judgment be disposed of by judgment? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Does a motion to dismiss a petition for a writ of habeas corpus require a full response to the petition? (MultiRegion, United States of America)
What is the test for a motion under Habeas Rule 4 to dismiss a petition for writ of habeas corpus? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a motion to dismiss an indictment be dismissed on a motion of dismissal? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a motion for writ of habeas corpus? (MultiRegion, United States of America)
