May v. Maschner

MEMORANDUM AND ORDER DIRECTING FURTHER PROCEEDINGS

JOHN W. OLIVER, Senior District Judge.

I

This is a State prisoner habeas corpus case. The response of the Attorney General to this Court’s order to show cause contends that petitioner’s pro se petition presents a mixed petition of exhausted and unexhausted claims which is subject to dismissal without prejudice under Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). We disagree. We find and conclude that petitioner has exhausted his federal Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), claim.…