United States Ninth Circuit

In the absence of a request from an unrepresented petitioner, a district court is not required to consider, sua sponte, the option of staying and abeying a petition for a writ of habeas corpus when the petitioner has filed a "mixed" petition consisting of both exhausted and unexhausted claims.

Appellate Information

• Argued 11/17/2006
• Decided 03/12/2007
• Published 03/12/2007

Judges

• THOMAS, Circuit Judge., Before WALLACE and THOMAS, Circuit Judges, and DAVID A. EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David M. Porter (argued) and Daniel J. Broderick, Office of the Federal Defender, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Jeanne R. Wolfe (argued) and Bill Lockyer, Robert R. Anderson, Mary Jo Graves, Stephen G. Herndon, and Mark A. Johnson, Office of the Attorney General of the State of California, Sacramento, CA, for the respondent-appellee.