Legal Opinion
Scherbovitsch v. Mayle
Court of Appeals for the Ninth Circuit
Decided May 2, 2002No. 00-55399; D.C. No. CV-99-04329-DDPPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM **
Walter Scherbovitsch appeals the dismissal of his petition for habeas corpus, which contained both exhausted and unexhausted claims. We affirm.
In the certificate of appealability for this matter, we limited the issue to “whether the district court abused its discretion by faffing to consider holding a mixed petition in abeyance, given that petitioner may be barred from refiling by the AEDPA’s statute of limitations.” The clear answer to that question is no. See Rose v. Lundy, 455 U.S. 509, 522, 102 S.Ct. 1198, 1205, 71 L.Ed.2d 379 (1982) (“[A] district court must dismiss habeas…
2Cases cited5 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Douglas James v. R.A. Giles, Daniel E. Lungren, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2000
- James Tillema v. Miles Long, Warden Frankie Sue Del PapaCourt of Appeals for the Ninth Circuit · 2001
- Douglas James v. Sheryl Pliler Daniel E. Lungren, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2001
- 97 Cal. Daily Op. Serv. 1229, 97 Cal. Daily Op. Serv. 2776, 97 Daily Journal D.A.R. 1821 Arthur Calderon, Warden, California State Prison at San Quentin Daniel E. Lungren, Attorney General of the State of California v. United States District Court for the Eastern District of California, Patrick Bruce Gordon, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1997
3Cited by1 opinion
- Creason v. Seaboard Corp.District Court, D. Kansas · 2003