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McKETHAN v. MANTELLO

Docket No. 00-2217.

292 F.3d 119 (2002)

William McKETHAN, Petitioner-Appellant, v. Dominic MANTELLO, Superintendent, Coxsackie Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 31, 2002.

Attorney(s) appearing for the Case

Julia Pamela Heit, New York, NY, for Petitioner-Appellant.

Emil Bricker, Assistant District Attorney (Richard A. Brown, District Attorney, and John M. Castellano, Assistant District Attorney, of counsel), Kew Gardens, NY, for Respondent-Appellee.

Before CARDAMONE, WINTER, and SACK, Circuit Judges.

WINTER, Circuit Judge.

William McKethan, a New York state prisoner, appeals from Judge Weinstein's dismissal of his petition for habeas corpus. The dismissal was based on the ground that McKethan had not exhausted his remedies in the state courts with regard to some of his claims. See Rose v. Lundy, 455 U.S. 509, 510, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). However, the district court's inquiry was limited to whether each of the...

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