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OLSACK v. LEWIS

Civ. A. No. 93-3142 (JBS).

847 F.Supp. 35 (1994)

Earl OLSACK, Petitioner, v. Donald LEWIS, Superintendent and Edward F. Borden, M. Gerramano, Seth R. Belson, and Robert Del Tufo, Attorney General of the State of New Jersey, Respondents.

United States District Court, D. New Jersey.

March 17, 1994.

Attorney(s) appearing for the Case

Ann Marie Donio, Donio, Bertman, Grasso, Donio & Bertman, Hammonton, NJ, for petitioner.

Jack Weinberg, Camden County Prosecutor's Office, Camden, NJ, for respondents.

OPINION

SIMANDLE, District Judge:

Petitioner, Earl Olsack, currently incarcerated in Riverfront State Prison, brings the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondents filed a motion to dismiss the petition for failure to exhaust state remedies and for failure to state a claim cognizable on habeas review. This motion raises the following issue: Should the requirement of exhaustion of remedies be waived...

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