United States Ninth Circuit

District court abused its discretion by failing to allow defendant to stay his habeas petition so that he could properly exhaust claims without having his petition bared by the statute of limitations.

Appellate Information

• Argued 12/01/2003
• Decided 06/08/2004
• Published 06/08/2004

Judges

• HUG, Circuit Judge:, Before: HUG, FLETCHER, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wayne Young, Santa Monica, CA, for the appellant.


• For Appellees:
  
• Maxine P. Cutler, Deputy Attorney General, San Diego, CA, for the appellee.