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Confiscation of Legal Files Excused Failure to Exhaust

Loaded on May 15, 2007

Filed under: Retaliation for Filing Grievances, Legal Property, Legal Materials, Civil Procedure, Administrative Exhaustion, Good Time, Habeas Corpus. Location: New York.

A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies.

In 1998, prisoner F. Lee Hinebaugh filed a federal petition for a writ of habeas corpus pursuant to 28 ...

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