Mountjoy v. Pishon

Mountjoy v. Pishon CV-97-508-M 10/26/98 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Keith Mountjoy, Petitioner v. Civil No. 97-508-M Nicholas E. Pishon, Respondent O R D E R By order dated September 15, 1998, the court held that petitioner's amended habeas corpus petition ( 28 U.S.C. § 2254) contained both exhausted and unexhausted claims. Because the amended petition is "mixed," the court concluded that it should be dismissed. See 28 U.S.C. § 2254(b)(1)(A). See also Rose v. Lundv,

455 U.S. 509, 522

(1982) ("a district court must dismiss habeas petitions containing both unexhausted…