Legal Opinion
Pablo Bastidas v. Kevin Chappell
Court of Appeals for the Ninth Circuit
Decided July 1, 2015No. 12-55024PublishedCited by 182 opinions
1Opinion of the Court
OPINION
BERZON, Circuit Judge:
Mitchell v. Valenzuela, filed today, holds that a motion to stay and abey a 28 U.S.C. § 2254 habeas corpus petition to exhaust claims in state court is generally (but not always) dispositive of the unexhausted claims, and that a magistrate judge therefore generally cannot hear and determine such a motion. Mitchell v. Valenzuela, No. 12-55041, 791 F.3d 1166, 1167, 2015 WL 3980746, at 1* (9th Cir. July 1, 2015). In Mitchell, the petitioner sought a stay in order to exhaust claims that were already part of his petition. Id. 791 F.3d at 1167, at *1. Here, the…
2Cases cited33 opinions
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- Rose v. LundySupreme Court of the United States · 1982
- United States v. Jose Francisco Reyna-Tapia, AKA Jose ReynaCourt of Appeals for the Ninth Circuit · 2003
- Rhines v. WeberSupreme Court of the United States · 2005
- Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
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3Cited by182 opinions
- Ilyas Khrapunov v. Pavel ProsyankinCourt of Appeals for the Ninth Circuit · 2019
- Frank Loher v. Todd ThomasCourt of Appeals for the Ninth Circuit · 2016
- Sage Redwind v. Western Union, LLCCourt of Appeals for the Ninth Circuit · 2017
- Frank Loher v. Todd ThomasCourt of Appeals for the Ninth Circuit · 2016
- (HC) Bisel v. FisherDistrict Court, E.D. California · 2021
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