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MENA v. LONG

No. 14-55102.

813 F.3d 907 (2016)

Armando J. MENA, aka A.J. Mena, Petitioner-Appellant, v. David A. LONG, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 17, 2016.

Attorney(s) appearing for the Case

Michael Parente (argued), Deputy Federal Public Defender; Hilary Potashner , Acting Federal Public Defender, Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellant.

Daniel Hilton (argued), Deputy Attorney General; Kevin Vienna , Supervising Deputy Attorney General; Julie Garland , Senior Assistant Attorney General; Kamala D. Harris , Attorney General of California, Office of the Attorney General, San Diego, CA, for Respondent-Appellee.

Before: JOHNNIE B. RAWLINSON and JACQUELINE H. NGUYEN, Circuit Judges and MICHAEL A. PONSOR, Senior District Judge.

OPINION

The Supreme Court held in Rhines v. Weber, 544 U.S. 269, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005), that a district court has discretion to stay, rather than dismiss, a timely-filed "mixed" petition for habeas corpus relief—that is, a single petition that includes...

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