· 7/24/2006
James P. Dolis v. John Chambers
Citations
- 454 F.3d 721
- 2006 U.S. App. LEXIS 18471
- 2006 WL 2042536
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that dismissal without prejudice is effectively dismissal with prejudice if statute of limitations bars refiling
- considering propriety of stay in case in which petitioner “had not exhausted any of his claims”
- noting the “special circumstance” of dismissals without prejudice where the running of the limitations period precludes refiling
- denying state’s petition for rehearing and holding that district court may enter Rhines-type stay where petitioner “has not exhausted any of his claims”
- noting its prior order vacating dismissal of habeas petition by district court and remanding for consideration of possible stay
- vacating district court’s dismissal of a petitioner’s wholly unexhausted habeas petition and remanding with instructions for the court to consider a stay of the federal proceedings under pre-Rhines circuit authority
Source: CourtListener parenthetical corpus (CC0).
Judges: Rovner, Wood, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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