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KOSTYSHYN v. MORGAN

Civil Action No. 11-1002-SLR.

867 F.Supp.2d 554 (2012)

Peter KOSTYSHYN, Petitioner, v. Philip MORGAN, Warden, and Joseph R. Biden, III, Attorney General of the State of Delaware, Respondents.

United States District Court, D. Delaware.

June 11, 2012.

Attorney(s) appearing for the Case

Peter Kostyshyn, Pro se petitioner.

Gregory E. Smith, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, for respondents.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Currently before the court is Peter Kostyshyn's ("petitioner") application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (D.I. 2) For the reasons that follow, the court will dismiss petitioner's § 2254 application without prejudice for failure to exhaust state remedies.

II. FACTUAL AND PROCEDURAL BACKGROUND

Petitioner's application...

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