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CARTER v. FRIEL

No. 2:02 CV 326 TS.

415 F.Supp.2d 1314 (2006)

Douglas Stewart CARTER, Petitioner, v. Clint FRIEL, Warden of the Utah State Prison, Department of Corrections, State of Utah, Respondent.

United States District Court, D. Utah, Central Division.

January 26, 2006.

Attorney(s) appearing for the Case

Jack M. Morgan, Jr., Skordas, Caston, Hamilton & Hyde, Mark R. Moffat, Brown, Bradshaw & Moffat, Salt Lake City, UT; Leo N. Griffard, Griffard Law Offices, Boise, ID, for Petitioner.

Thomas B. Brunker, Erin Riley, Utah Attorney General's Office, Salt Lake City, UT, for Respondent.

MEMORANDUM DECISION AND ORDER DENYING STAY AND ABEYANCE UNDER RHINES

STEWART, District Judge.

This matter is before the Court on Petitioner's request for a Rhines1 stay and abeyance of this case to allow him to exhaust his unexhausted claims in state court.

I. Introduction

Before the enactment of AEDPA's2 strict limitations period, mixed petitions under § 2254

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