UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
filed: June 13, 1988.
AUMARIE WILLIAM BALDWIN, APPELLANT
JOHN BONAZZI, THE STATE OF NEW JERSEY, AND JOSEPH FALCONE
On Appeal From the United States District Court For the District of New Jersey, Newark, Civil Action No. 85-3037.
Since appellant did not clearly and unequivocally delete his unexhausted claims, the district court erred in dismissing those claims. For that reason, we will grant the application for a certificate of probable cause and, as the merits panel, remand to the district court so that it can reconsider the exhaustion issue. If appellant insists upon consideration of all of his claims, then the district court should consider whether the case should be dismissed pursuant to Rose v. Lundy, whether exhaustion should be excused or whether the claims are nevertheless without merit, Granberry v. Greer, U.S. , 107 S. Ct. 1671 (1987).
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