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ZARVELA v. ARTUZ

Docket No. 99-2757.

254 F.3d 374 (2001)

Victor ZARVELA, Petitioner-Appellant, v. Christopher ARTUZ, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: June 14, 2001.

As Amended: June 26, 2001.

As Amended August 17, 2001.

Attorney(s) appearing for the Case

Randall U. Unger, Kew Gardens, NY, submitted a brief, for petitioner-appellant.

Thomas M. Ross, Asst. Dist. Atty., Brooklyn, NY, (Charles J. Hynes, Dist. Atty., Leonard Joblove, Asst. Dist. Atty., Brooklyn, NY, on the brief), for respondent-appellee.

Before JON O. NEWMAN and CABRANES, Circuit Judges; and THOMPSON, District Judge.

JON O. 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 is entered, whether the stay should be conditioned on prompt initiation of state court...

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