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· 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 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.