Robert Gacho v. Kim Butler

How courts have described this case

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

• concluding that dismissal of federal habeas action without prejudice was not an appealable final order when the order granted leave to refile after state remedies were exhausted
• concluding that dismissal of federal habeas action without prejudice was not an appealable final order when the order granted leave to refile after state remedies were exhausted
• noting these two circumstances as the “few limited circumstances under which a habeas petitioner can get around the seemingly nonfinal nature of a dismissal 5 Appellate Case: 21-1391 Document: 010110672126 Date Filed: 04/18/2022 Page: 6 without prejudice”
• dismissing habeas action because it paralleled petitioner’s state court proceedings
• dismissing an appeal from a district court’s nonfinal stay-and-abeyance order
• “Moore remains good law and is controlling here[.]”

Source: CourtListener parenthetical corpus (CC0).