Carter v. Friel

MEMORANDUM DECISION AND ORDER DENYING STAY AND ABEYANCE UNDER RHINES

STEWART, District Judge.

This matter is before the Court on Petitioner’s request for a Rhines 1 stay and abeyance of this case to allow him to exhaust his unexhausted claims in state court.

I. Introduction

Before the enactment of AEDPA’s 2 strict limitations period, mixed petitions under § 2254 3 -meaning those containing claims both exhausted and unexhausted in state court-were dismissed without prejudice to allow an attempt to exhaust claims in state court. After AEDPA, such dismissals raise serious limitations problems…