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· 1/4/2002

David Palmer v. Howard Carlton, Warden

Citations

  • 276 F.3d 777
  • 2002 U.S. App. LEXIS 59
  • 2002 WL 10195

How courts have described this case

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

  • holding that if the conditions of the stay are not met, “the stay may later be vacated nunc pro tunc as of the date the stay was entered, and the petition may be dismissed.”
  • approving Second Circuit approach of granting a stay with time limits upon the petitioner to bring his claims
  • noting that the Second Circuit's approach in Zarvela \is eminently reasonable\
  • finding it “eminently reasonable” to dismiss unexhausted claims in a habeas petition and stay proceedings on the remaining claims pending exhaustion of state court remedies
  • finding it “eminently reasonable” to dismiss unexhausted claims in a habeas petition and stay proceedings on the remaining claims pending exhaustion of state court remedies
  • finding it “eminently reasonable” to dismiss unexhausted claims in a habeas petition and stay proceedings on the remaining claims pending exhaustion of state court remedies

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, Gilman, Gibson

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.