United States Ninth Circuit

The district court's denial of an untimely habeas corpus petition is reversed and remanded, where: 1) because the district court dismissed a previous petition that contained both exhausted and unexhausted claims, without providing petitioner an opportunity to amend, petitioner was entitled to equitable tolling from the date of the first dismissal until the filing of the instant petition; and 2) because equitable tolling renders at least one of petitioner's claims timely, the matter is remanded for the district court to determine if any other claims were exhausted at the time the district court erroneously dismissed the first petition, relate back to any properly exhausted claim, or are otherwise entitled to equitable tolling. (Amended opinion)

Appellate Information

• Decided 06/24/2014
• Published 06/24/2014

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel