Habeas Petition Barred by Failure to Obtain Judicial Review
Magar v. Parker, --- F.3d ----, 2007 WL 1748514 (10th Cir. June 19, 2007)
Because state adopted a statute allowing judicial review of prisoner due process claims, such as Plaintiff’s claim regarding inadequacy of prison disciplinary proceeding that resulted in loss of his good time credits, prior to his disciplinary proceeding and federal petition, Plaintiff was required to avail himself of this potential state recourse before instituting a federal action. Because he did not, his habeas petition was procedurally barred.
Because state adopted a statute allowing judicial review of prisoner due process claims, such as Plaintiff’s claim regarding inadequacy of prison disciplinary proceeding that resulted in loss of his good time credits, prior to his disciplinary proceeding and federal petition, Plaintiff was required to avail himself of this potential state recourse before instituting a federal action. Because he did not, his habeas petition was procedurally barred.
posted by Anonymous at 10:10 AM
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