Edwin L. Moore v. Captain Schoeman Attorney General of the State of Oklahoma

MURPHY, Circuit Judge.

Petitioner Edwin L. Moore appeals from the district court’s order dismissing his petition for a 28 U.S.C. § 2254 writ of habeas corpus. We previously granted petitioner a certificate of appealability (COA), see id. § 2253(c). We now reverse and remand. 1

A habeas petitioner is required to exhaust his state court remedies prior to obtaining federal habeas review. See 28 U.S.C. § 2254(b)(1)(A). Faced with a petition containing only unexhausted claims, the district court ordinarily has two options. First, it may dismiss the petition and allow the petitioner to return to…