[Download] "Nowaczyk v. Warden" by First Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Nowaczyk v. Warden
- Author : First Circuit U.S. Court Of Appeals
- Release Date : January 14, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is the latest in a steady stream of cases involving the complex procedural requirements that govern habeas corpus petitions filed under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254. This case differs from the norm, however, because the petition before us does not suffer from any procedural flaw. It was filed within AEDPAs one-year statute of limitations, see id. § 2244(d)(1), and it contains only fully-exhausted claims, see id. § 2254(b) and (c). Nevertheless, the district court refused to address the merits of those claims and dismissed the petition without prejudice because the petitioner, Steven Nowaczyk, was in the process of adjudicating an additional claim -- one he had not presented in his habeas petition -- in state court. AEDPAs statute of limitations has now run its course, meaning that Nowaczyk will be barred from filing a new petition if he cannot proceed on the petition dismissed by the district court. Although we conclude that the district court was not required to adjudicate Nowaczyks claims immediately, we hold that it abused its discretion in dismissing his petition rather than retaining jurisdiction and entering a stay pending the outcome of the state proceedings.