ROBBINS v. CAREY

No. 05-17131.

481 F.3d 1143 (2007)

Arthur ROBBINS, III, Petitioner-Appellant, v. Tom L. CAREY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2007.


Attorney(s) appearing for the Case

David M. Porter (argued) and Daniel J. Broderick, Office of the Federal Defender, Sacramento, CA, for the petitioner-appellant.

Jeanne R. Wolfe (argued) and Bill Lockyer, Robert R. Anderson, Mary Jo Graves, Stephen G. Herndon, and Mark A. Johnson, Office of the Attorney General of the State of California, Sacramento, CA, for the respondent-appellee.

Before WALLACE and THOMAS, Circuit Judges, and DAVID A. EZRA, District Judge.


THOMAS, Circuit Judge.

In this appeal, we consider whether, in the absence of a request from an unrepresented petitioner, a district court is required to consider, sua sponte, the option of staying and abeying a petition for a writ of habeas corpus when the petitioner has filed a "mixed" petition consisting of both exhausted and unexhausted claims. We hold that such a requirement would conflict with Pliler v. Ford, 542 U.S. 225...

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