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· 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 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.