Victor Zarvela v. Christopher Artuz, Superintendent

U.S. Court of Appeals, Second Circuit · Decided 2001-06-26

Cited by 268 later decision(s) in our corpus · see the citation network in Lexace

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JON 0. NEWMAN, Circuit Judge. The basic issue on this appeal concerns the timeliness of a habeas corpus petition. The more precise issues are (1) whether a district court confronted with a so-called “mixed petition” containing exhausted and unexhausted claims should dismiss the petition without prejudice to renewal after exhaustion, or stay further proceedings, and (2) if a stay…

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