(Download) "James v. Pliler" by Ninth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free

January 02, 2021

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