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KELL v. BENZON

No. 17-4191.

925 F.3d 448 (2019)

Troy Michael KELL, Petitioner-Appellee, v. Larry BENZON, Warden Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED May 28, 2019.

Attorney(s) appearing for the Case

Andrew F. Peterson , Assistant Solicitor General ( Tyler R. Green , Utah Solicitor General, Thomas Brunker , Deputy Solicitor General, Daniel W. Boyer , Assistant Solicitor General, Sean D. Reyes , Utah Attorney General, Salt Lake City, Utah, with him on the briefs), for Respondent-Appellant.

Lindsey Layer , Assistant Federal Public Defender, Salt Lake City, Utah ( Jon M. Sands , Federal Public Defender for the District of Arizona, Alexandra LeClair , Assistant Federal Public Defender, Salt Lake City, Utah, with him on the briefs), for Petitioner-Appellee.

Before BACHARACH, BALDOCK, and PHILLIPS, Circuit Judges.

This is an interlocutory appeal from an order staying a habeas proceeding. We lack jurisdiction and dismiss the appeal.

Mr. Troy Kell sought habeas relief, but he had not exhausted two of his claims in state court. The unexhausted claims created a Catch-22 for Mr. Kell, risking a dismissal of all of his claims without...

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