discussed Cited "see, e.g." Warburton v. Underwood Preiser, 411 U.S. at 500 ; see also Ellman v. Davis, 42 F.3d 144, 148-49 (2d Cir.1994) (holding that a prisoner’s failure to pursue an appeal in state Court is a procedural bar to federal habeas relief unless the petitioner shows “both cause for failing to bring the [state] claim ... and actual prejudice from the failure to consider his federal claims”), cert. denied 515 U.S. 1118 , 115 S.Ct. 2269 , 132 L.Ed.2d 275 (1995).