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CALDERON v. U.S. DIST. COURT FOR N.D. CAL.

No. 97-70567.

134 F.3d 981 (1998)

Arthur CALDERON, Warden, California State Prison, San Quentin, Petitioner, v. The UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent, Freddie Lee Taylor, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1998.

Attorney(s) appearing for the Case

Joan Killeen, Supervising Deputy Attorney General, San Francisco, California, for petitioner.

Nanci L. Clarence, Clarence & Snell, San Francisco, California, for real party in interest.

Before: FARRIS, O'SCANNLAIN and HAWKINS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are asked to decide whether a district court may allow a habeas corpus petitioner to amend his petition to delete unexhausted claims and hold the amended petition in abeyance subject to further amendment reincorporating the deleted claims once they are litigated in state court.

I

The real party in interest in this case, Freddie Lee Taylor, is a California prisoner sentenced to death for first degree murder. On July...

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