Gacho v. Butler

Ct. of Appeals lacked jurisdiction to consider Dist. Ct.’s dismissal of defendant’s habeas petition on ground that defendant had failed to exhaust his state-court, post-conviction remedies. Dist. Ct.’s order was not final and appealable, where dismissal was without prejudice to defendant re-filing his habeas petition once his state-court, post-conviction proceedings had concluded. Ct. rejected defendant’s argument that Dist. Ct.’s order was actually final and appealable where he had claimed as part of his request to excuse his failure to exhaust his state-court post-conviction proceedings that state court system had taken too long to resolve his state-court, post-conviction proceedings.