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BASTIDAS v. CHAPPELL

No. 12-55024.

791 F.3d 1155 (2015)

Pablo BASTIDAS, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2015.

Attorney(s) appearing for the Case

Mark Raymond Drozdowski , Deputy Federal Public Defender, Michael David Weinstein (argued), Assistant Federal Public Defender, and Raj Shah , Certified Law Student, Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellant.

Kamala Harris , Attorney General, Lance Winters , Senior Assistant Attorney General, Michael Johnsen , Supervising Deputy Attorney General, and Kim Aarons (argued) and Ana R. 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

Mitchell v. Valenzuela, filed today, holds that a motion to stay and abey a 28 U.S.C. § 2254 habeas corpus petition to exhaust claims in state court is generally (but not always) dispositive of the unexhausted claims, and that a magistrate judge therefore generally cannot hear and determine such...

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