Souter, J., concurring

SUPREME COURT OF THE UNITED STATES

No. 00—121

GEORGE DUNCAN, SUPERINTENDENT, GREAT
MEADOW CORRECTIONAL FACILITY,
PETITIONER v. SHERMAN WALKER

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT

[June 18, 2001]

Justice Souter, concurring.

Although I join the Court’s opinion in full, I have joined Justice Stevens’s separate opinion pointing out that nothing bars a district court from retaining jurisdiction pending complete exhaustion of state remedies, and that a claim for equitable tolling could present a serious issue on facts different from those before us.