United States Sixth Circuit

A district court should dismiss only the unexhausted claims in a habeas petition and stay further proceedings on the remaining portion until the petitioner has exhausted his remedies in state court if the petitioner then moves within 30 days of the stay to exhaust the remaining claims.

Appellate Information

• Decided 01/04/2002
• Published 01/04/2002

Judges

Court

• United States Sixth Circuit

Counsel