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· 3/12/2007

Arthur Robbins, III v. Tom L. Carey

Citations

  • 481 F.3d 1143
  • 2007 U.S. App. LEXIS 5708
  • 2007 WL 725701

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a district court was not required sua sponte to 7 consider whether it should stay and abey a mixed habeas petition
  • recognizing that “a district court is not required to 22 consider, sua sponte, whether it should stay and abey a mixed habeas petition.”
  • noting that the district courts are not required to consider sua sponte the stay and abeyance procedure
  • concluding court not required to consider sua sponte whether it should stay and abey mixed petition or to inform petitioner of option, thus overruling Kelly in 28 part
  • overruling Kelly to the 5 extent Kelly required court to sua sponte consider stay and abeyance
  • explaining why a court has no obligation to consider the stay-and-abeyance option sua sponte

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Thomas, Ezra

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.