Is a motion to vacate a judgment dismissing a habeas petition for mental illness unexhausted?

MultiRegion, United States of America

The following excerpt is from Rodriguez v. Mitchell, 252 F.3d 191 (2nd Cir. 1998):

factual allegations that form the basis for the claim" and stating that "[w]e decline to review this claim because it is unexhausted"). Rodriguez then filed his first Rule 60(b) motion to vacate the judgment dismissing his habeas petition, and the district court denied the motion. We affirmed by summary order, noting that in our prior order "we had ruled . . . that the mental illness claim was unexhausted." Rodriguez v. Mitchell, No. 96-2534, 1997 WL 311801, at *1 (2d Cir., June 4, 1997).

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