Can a federal habeas petition containing two exhausted claims be dismissed?
MultiRegion, United States of America
The following excerpt is from Figueroa v. Lea, Case No. 10-CV-2274 MMA (JMA) (S.D. Cal. 2011):
Federal courts cannot consider petitions that contain both exhausted and unexhausted claims, often referred to as "mixed" petitions. See Rose v. Lundy, 455 U.S. 509, 522 (1982) (holding a district court must dismiss a federal habeas petition containing both unexhausted and exhausted claims). The filing of a mixed petition renders it subject to dismissal. Id.
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