Bruce Paul Caton v. Harold W. Clarke

Bruce Paul Catón appeals the denial of his second 28 U.S.C. § 2254 petition for abuse of the writ. 1 We affirm.

Caton’s original petition for a writ of habe-as corpus contained five claims, three of which were unexhausted. The magistrate who initially considered the petition informed Catón that his petition contained unexhaust-ed claims, which might be barred from subsequent consideration if Catón proceeded with his petition. The magistrate offered to dismiss the entire petition without prejudice to enable Catón to exhaust his state court remedies and then return to federal court and receive…