Thompson v. Secretary for Department of Corrections

A Florida district court heard Thompson’s mixed petition for habeas relief. In 2003, we decided that, if the district court had the discretion not to dismiss a mixed habeas petition, the court did not abuse its discretion by offering Thompson the choice of abandoning his unexhausted claims and proceeding on the exhausted claims or of having his entire petition dismissed. Thompson v. Crosby, 320 F.3d 1228, 1230 (11th Cir.2003) vacated by — U.S.-, 125 S.Ct. 1722, 161 L.Ed.2d 596 (2005).

Thompson appealed our decision to the United States Supreme Court. The Court remanded the matter to us for…