Legal Opinion
Peter Gonzales Olvera v. G.J. Giurbino, Warden
Court of Appeals for the Ninth Circuit
Decided June 8, 2004No. 02-56134PublishedCited by 30 opinions
1Opinion of the Court
HUG, Circuit Judge:
We are called upon to review a district court’s dismissal of a § 2254 habeas corpus petition containing both exhausted and unexhausted claims for relief. State prisoner Peter Gonzales Olvera filed in the United States District Court a mixed habe-as corpus petition containing unexhausted claims. Olvera filed a motion stating that only eleven days remained before the statute of limitations would run and requesting that the district court permit him to withdraw his unexhausted claims, stay the petition, and allow him to return with the withdrawn claims after exhausting state…
2Cases cited11 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Duncan v. WalkerSupreme Court of the United States · 2001
- Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003
- Victor Zarvela v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 2001
- Douglas James v. R.A. Giles, Daniel E. Lungren, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
- Gary Paul Cassett v. Terry L. Stewart, DirectorCourt of Appeals for the Ninth Circuit · 2005
- King v. RyanCourt of Appeals for the Ninth Circuit · 2009
- Fred Jay Jackson v. Ernest C. Roe, WardenCourt of Appeals for the Ninth Circuit · 2005
- Wooten v. KirklandCourt of Appeals for the Ninth Circuit · 2008
25 more not listed; retrieve them via the Exa API.