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SWANSON v. DeSANTIS

No. 09-1501.

606 F.3d 829 (2010)

Susan SWANSON, Petitioner-Appellee, v. Thomas DeSANTIS, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Lawrence J. Emery, Law Office, Lansing, Michigan, for Appellee.

Before: BATCHELDER, Chief Judge; SUTTON and KETHLEDGE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Susan Swanson filed a federal habeas corpus petition challenging her state court conviction on two grounds. The district court concluded that Swanson had exhausted her state remedies for one of the claims but not the other, then allowed the exhausted claim to proceed in federal court but stayed the unexhausted claim pending its review in state court. The State appeals, arguing that the district court may not proceed with a...

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