Rodney L. Stewart v. Robert F. Parratt, Warden, Nebraska State Penitentiary

ORDER

Due to the presence of exhausted and unexhausted claims in the original petition for a writ of habeas corpus, we have asked the parties to address the applicability to this case of Rose v. Lundy, - U.S. -, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Both parties have indicated to this court that a remand is necessary for the purpose of allowing the district court to consider this case in light of Rose v. Lundy. We, therefore, order such a remand.

We believe the petitioner should make the choice whether to amend his petition and delete the unexhausted claims or to proceed in state court on the…