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THOMPSON v. SECRETARY FOR DEPT. OF CORRECTIONS

No. 02-10642.

425 F.3d 1364 (2005)

William Lee THOMPSON, Petitioner-Appellant, v. SECRETARY FOR the DEPARTMENT OF CORRECTIONS, James Crosby, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 26, 2005.

Attorney(s) appearing for the Case

Terri Lynn Backhus, Backhus & Izakowitz, P.A., Tampa, FL, Rachel Lawrence Day (Court-Appointed), Fort Lauderdale, FL, for Thompson.

Sandra Sue Jaggard, Miami, FL, for Respondent-Appellee.

Before EDMONDSON, Chief Judge, and TJOFLAT and DUBINA, Circuit Judges.

PER CURIAM:

A Florida district court heard Thompson's mixed petition for habeas relief. In 2003, we decided that, if the district court had the discretion not to dismiss a mixed habeas petition, the court did not abuse its discretion by offering Thompson the choice of abandoning his unexhausted claims and proceeding on the exhausted claims or of having his entire petition dismissed. Thompson v. Crosby, 320 F.3d 1228, 1230 ...

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