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JACKSON v. ROE

No. 02-56210.

425 F.3d 654 (2005)

Fred Jay JACKSON, Petitioner-Appellant, v. Ernest C. ROE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2005.

Attorney(s) appearing for the Case

Gretchen Fusilier, Carlsbad, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Brad D. Levenson, Deputy Attorney General, and Alene M. Games, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: REINHARDT, KOZINSKI, and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge.

Fred Jackson filed a "mixed" 28 U.S.C. § 2254 habeas corpus petition. The district court refused to stay proceedings so that he could exhaust the unexhausted claim, which was at that time pending before the California Supreme Court. Rhines v. Weber, ___ U.S. ___, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005), however, holds that a federal court must, in limited circumstances, stay a mixed petition to allow a petitioner...

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