United States Ninth Circuit

Summary dismissal of "mixed" habeas corpus petition (containing then-unexhausted claims raised in petitioner's concurrent state petition) is reversed and remanded, where: 1) federal courts may not adjudicate mixed habeas petitions, that is, those containing both exhausted and unexhausted claims; but 2) the district court erred in dismissing the claim without offering petitioner leave to amend to delete any unexhausted claims and to proceed on the exhausted claims, and 3) petitioner's state claims have now been exhausted and her federal petition should be allowed to proceed.

Appellate Information

• Decided 01/03/2013
• Published 01/03/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel