(Download) "James v. Pliler" by Ninth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: James v. Pliler
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 29, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
FOR PUBLICATION Argued and Submitted April 6, 2000--Pasadena, California Opinion by Judge Canby OPINION The question presented by this appeal is whether a district court, presented with a petition for habeas review that includes exhausted and unexhausted claims, must explain to a pro se petitioner that he can amend the petition by deleting the unexhausted claims and proceed with only those that have been exhausted, rather than suffering dismissal of the entire petition without prejudice. As foreshadowed by our prior decision in this case, James v. Giles, 221 F.3d 1074 (9th Cir. 2000) (""James I""), we conclude that the court must advise the petitioner of the right to amend the petition.3