Anthony Butler v. David Long

OPINION

Petitioner-appellant Anthony Butler filed two federal habeas petitions relating to the same state-court conviction, the first on October 5, 2008, and the second on September 21, 2009. 1 The district court dismissed the first petition, which contained both exhausted and unexhausted claims, without offering Butler the option of amending his petition to exclude the unexhausted claims. The same court denied Butler’s second federal habeas petition as untimely. Butler appeals the dismissal of his second petition, arguing that because the district court dismissed his first petition without…