Legal Opinion
Armando Mena v. David Long
Court of Appeals for the Ninth Circuit
Decided February 17, 2016No. 14-55102PublishedCited by 342 opinions
1Opinion of the Court
OPINION
NGUYEN, Circuit Judge:
The Supreme Court held in Rhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005), that a district court has discretion to stay, rather than dismiss, a timely-filed “mixed” petition for habeas corpus relief — that is, a single petition that includes both exhausted and unexhausted claims. Today we join several of our sister circuits in holding that the Rhines stay- and-abeyance procedure is not limited to mixed petitions, and a district court may stay a petition that raises only unexhaust-ed claims. Because the district court here held otherwise, we…
2Cases cited13 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Rose v. LundySupreme Court of the United States · 1982
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Rhines v. WeberSupreme Court of the United States · 2005
- Gonzalez v. ThalerSupreme Court of the United States · 2012
8 more not listed; retrieve them via the Exa API.
3Cited by342 opinions
- Michael Bynoe v. Isidro BacaCourt of Appeals for the Ninth Circuit · 2020
- Gregory Brown v. M. AtchleyCourt of Appeals for the Ninth Circuit · 2023
- Watt v. MarchilliDistrict Court, D. Massachusetts · 2016
- Eugene Doerr v. David ShinnCourt of Appeals for the Ninth Circuit · 2025
- Malvo v. MathenaDistrict Court, D. Maryland · 2017
337 more not listed; retrieve them via the Exa API.