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JAMES v. PLILER

No. 98-56751.

269 F.3d 1124 (2001)

Douglas JAMES, Petitioner-Appellant, v. Sheryl PLILER; Daniel E. Lungren, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2001.

Attorney(s) appearing for the Case

Verna Wefald, Pasadena, California, for the petitioner-appellant.

Douglas L. Wilson, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before: William C. Canby, Jr. and William A. Fletcher, Circuit Judges, and John W. Sedwick, District Judge.

Argued and Submitted April 6, 2000 — Pasadena, California.

OPINION

CANBY, Circuit Judge:

The question presented by this appeal is whether a district court, presented with a petition for habeas review that includes exhausted and unexhausted claims, must explain to a pro se petitioner that he can amend the petition by deleting the unexhausted claims and proceed with only those that have been exhausted, rather than suffering dismissal of the...

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