United States Third Circuit

District courts have the discretion to stay mixed habeas petitions but, as in this case, when an outright dismissal could jeopardize the timeliness of a collateral attack, a stay is the only appropriate course of action. If stayed, the petitioner should be given a reasonable interval, normally 30 days, to file his application for state post-conviction relief, and another reasonable interval after the denial of that relief to return to federal court.

Appellate Information

• Argued 02/27/2003
• Decided 03/04/2004
• Published 03/04/2004

Judges

• Before ALITO, ROTH and BARRY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David W. Wycoff (Argued), Matthew C. Lawry, Anne L. Saunders, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, for Appellant.


• For Appellees:
  
• Daniel Stern (Argued), Assistant District Attorney of Perry County, Harrisburg, for Appellees.