1. Home
  2. Browse Decisions
  3. F.3d
  4. 791 F.3d
  5. 791 F.3d 1166 (2015)
 

MITCHELL v. VALENZUELA

No. 12-55041.

791 F.3d 1166 (2015)

Keith Andrew MITCHELL, Petitioner-Appellant, v. Elvin VALENZUELA, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2015.

Attorney(s) appearing for the Case

Sean Kennedy , Federal Public Defender, Michael David Weinstein (argued), Assistant Federal Public Defender, and Mark Raymond Drozdowski , Deputy Federal Public Defender, Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellant.

Kamala Harris , Attorney General, Dane Gillette , Chief Assistant Attorney General, Lance Winters , Senior Assistant Attorney General, Michael Johnsen , Supervising Deputy Attorney General, Kim Aarons (argued) and Ana Duarte , Deputy Attorneys General, Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before: HARRY PREGERSON, KIM McLANE WARDLAW, and MARSHA S. BERZON, Circuit Judges.

OPINION

A magistrate judge denied petitioner Keith Andrew Mitchell's motion to stay and abey his 28 U.S.C. § 2254 habeas corpus petition while he exhausted some of his claims in state court. We hold that, in the context of a section 2254 habeas petition, this type of motion is generally (but not always) dispositive...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases