The following excerpt is from Plunkett v. Johnson, 828 F.2d 954 (2nd Cir. 1987):
I concur in the decision reached by the majority but dissent from its conclusion that Granberry v. Greer, --- U.S. ----, 107 S.Ct. 1671, 95 L.Ed.2d 119 (1987), requires the district court to review the merits of certain claims of a habeas corpus petitioner that have not been exhausted in
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