Buchanan v. Johnson

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Petitioner David J. Buchanan (“petitioner”) is a Delaware inmate in custody at the Sussex Correctional Institution in Georgetown, Delaware. Presently before the court is petitioner’s amended application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (D.I. 25) For the reasons that follow, the court concludes that the application is mixed because it contains both exhausted and unexhausted claims. Therefore, the court will provide petitioner with the option of withdrawing the unexhausted claim and proceeding only with…