· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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