Legal Opinion
Keith Mitchell v. Anthony Hedgpeth
Court of Appeals for the Ninth Circuit
Decided July 1, 2015No. 12-55041PublishedCited by 88 opinions
1Opinion of the Court
OPINION
BERZON, Circuit Judge:
A magistrate judge denied petitioner Keith Andrew Mitchell’s motion to stay and abey his 28 U.S.C. § 2254 habeas corpus petition while he exhausted some of his claims in state court. We hold that, in the context of a section 2254 habeas petition, this type of motion is generally (but not always) dispositive as to the unex-hausted claims. When it is dispositive, a magistrate judge is without authority to “hear and determine” such a motion, but rather must submit a report and recommendation to the district court. 28 U.S.C. § 636(b)(1)(A)-(B).
I
Keith Andrew Mitchell…
2Cases cited24 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Rhines v. WeberSupreme Court of the United States · 2005
- United States v. RaddatzSupreme Court of the United States · 1980
- Duncan v. WalkerSupreme Court of the United States · 2001
- Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
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3Cited by88 opinions
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