Legal Opinion
Douglas James v. R.A. Giles, Daniel E. Lungren, Attorney General
Court of Appeals for the Ninth Circuit
Decided August 4, 2000No. 98-56751PublishedCited by 190 opinions
1Opinion of the Court
CANBY, Circuit Judge:
Douglas James is a state prisoner serving three consecutive life sentences for kidnaping and robbery. The district court dismissed James’ petition for federal habe-as review because it contained both exhausted and unexhausted claims. See Rose v. Lundy, 455 U.S. 509, 510, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Although the court dismissed his petition without prejudice, James may be precluded from deleting his unexhausted claims and refiling because the one-year statute of limitations for filing an original habeas petition appears to have run. See 28 U.S.C. § 2244(d)(1).…
2Cases cited10 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
- Michael Henry Ferdik v. Joe Bonzelet, SheriffCourt of Appeals for the Ninth Circuit · 1992
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Rose v. LundySupreme Court of the United States · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by190 opinions
- Lira v. HerreraCourt of Appeals for the Ninth Circuit · 2005
- Michael Anthony v. Steven Cambra, Jr., WardenCourt of Appeals for the Ninth Circuit · 2000
- William J. Jones v. M.L. Smith, Warden Attorney General State of CaliforniaCourt of Appeals for the Ninth Circuit · 2001
- Billy Ray Littlejohn v. Christopher ArtuzCourt of Appeals for the Second Circuit · 2001
- Douglas James v. Sheryl Pliler Daniel E. Lungren, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2001
185 more not listed; retrieve them via the Exa API.