Howard v. Norris

BYE, Circuit Judge.

Larry Norris, the Director of the Arkansas Department of Corrections, filed this interlocutory appeal of the district court’s order staying Timothy Howard’s federal habeas proceeding. The district court stayed the proceeding to give Howard a chance to return to state court to exhaust certain claims. Norris contends the district court abused its discretion in granting the stay because the unexhausted claims are procedurally defaulted, that is, Howard already had, and is limited to, one round of post-conviction review in state court. Norris therefore claims there is no…