Arthur Robbins, III v. Tom L. Carey

THOMAS, Circuit Judge.

In this appeal, we consider whether, in the absence of a request from an unrepresented petitioner, a district court is required to consider, sua sponte, the option of staying and abeying a petition for a writ of habeas corpus when the petitioner has filed a “mixed” petition consisting of both exhausted and unexhausted claims. We hold that such a requirement would conflict with Pliler v. Ford, 542 U.S. 225, 124 S.Ct. 2441, 159 L.Ed.2d 338 (2004), and Rhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005), and we affirm the judgment of the district court.

I

On…