United States of America ex rel. Herbert Cornitcher v. Alfred T. Rundle, Superintendent, State Correctional Institution, Graterford, Pennsylvania
UNITED STATES of America Ex Rel. Herbert CORNITCHER, Appellant, v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Graterford, Pennsylvania
Opinion
OPINION OF THE COURT PER CURIAM:
In his habeas corpus petition in the district court, the petitioner raises a number of issues with regard to this case which have not yet been considered either by a Pennsylvania court under the Post Conviction Hearing Act, 19 Pa.Stat.Ann. § 1180-5, or by the district court in the habeas petitions which he previously had filed there.
The district court, 315 F.Supp. 1300 , dismissed the petition here in question without prejudice because of Cornitcher’s failure to exhaust his state remedies. 28 U.S.C. § 2254 (b). We agree with the district court’s conclusion that all the issues raised here will be cognizable in the state courts of Pennsylvania, and therefore affirm the order dismissing the petition. United States ex rel. Huffman v. Commonwealth Court of Dauphin County, 453 F.2d 1254 (3d Cir., 1972).
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