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RHINES v. WEBER

No. 02-2990.

409 F.3d 982 (2005)

Charles Russell RHINES, Petitioner-Appellee, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2005.

Attorney(s) appearing for the Case

Attorney General Craig M. Eichstadt, Pierre, SD, for appellant.

Roberto A. Lange and John A. Schlimgen, Sioux Falls, SD, for appellee.

Before LOKEN, Chief Judge, BRIGHT and MURPHY, Circuit Judges.

PER CURIAM.

South Dakota inmate Charles Russell Rhines petitioned for a federal writ of habeas corpus. The district court determined that the "mixed" petition included eight unexhausted claims and that non-futile state court remedies may be available. To avoid federal claims becoming time-barred while Rhines exhausted his state court remedies, the court stayed all claims pending exhaustion provided Rhines commenced state...

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