United States Ninth Circuit

The district court misled a pro se habeas petitioner by telling him that he could dismiss his federal petition "without prejudice," without explaining to him the consequences of such dismissal, and by failing to advise him of the "stay and abey" option. Prejudicial error amounted to extraordinary circumstances for equitable tolling purposes.

Appellate Information

• Decided 06/03/2003
• Published 06/03/2003

Judges

• DAVID R. THOMPSON, Senior Circuit Judge:, Before: THOMPSON, RAWLINSON, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kenneth M. Stern, Woodland Hills, CA, for the petitioner-appellant.


• For Appellees:
  
• Lawrence M. Daniels, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.