Delphon Calhoun v. David Bergh

OPINION

KETHLEDGE, Circuit Judge.

In this case we review the district court’s dismissal of a habeas petition on essentially failure-to-prosecute grounds. Delphon Calhoun is a Michigan state prisoner who filed a federal habeas petition in 2003. Although the petition included only exhausted claims, Calhoun sought to litigate some unexhausted claims as well. He thus moved to stay his petition while he exhausted the additional claims in state court. The district court granted the stay on two conditions: first, that Calhoun file his additional claims in state court within 90 days of the stay order;…