· 8/16/2005
Willie Lee Jefferson v. Mike Budge
Citations
- 419 F.3d 1013
- 2005 U.S. App. LEXIS 17230
- 2005 WL 1949886
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the judgment becomes 21 final, and the limitations period resumes upon issuance of remittitur
- explaining that a petitioner who files a mixed petition must be 26 offered leave to amend the petition to delete any unexhausted claims and to proceed on the 27 exhausted claims
- reversing and remanding the dismissal of a mixed habeas petition because the district court failed to offer the petitioner the opportunity to amend his petition to abandon the unexhausted claims
- reversing and remanding the dismissal of a mixed habeas petition because the district court failed to offer the petitioner the opportunity to amend his petition to abandon the unexhausted claims
- tolling AEDPA’s statute of limitations where the district court had failed to provide a habeas petitioner the option of deleting unexhausted claims rather than returning with those claims to state court
- reversing and remanding the dismissal of a 2 mixed habeas petition because the district court failed to offer the petitioner the opportunity to 3 amend his petition to abandon the unexhausted claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas, Silverman, Clifton
Read full opinion on CourtListenerSourced 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.