Does a dismissal of a second habeas petition require the petitioner to file a second petition?
The following excerpt is from Keating v. Hood, 191 F.3d 1053 (9th Cir. 1999):
9. Henry v. Lungren, 164 F.3d 1240, 1241 (9th Cir. 1999), is not to the contrary. In that case, after the district court dismissed his first habeas petition and failed to retain jurisdiction over it, the petitioner refiled in state court in order to exhaust his claims. Accordingly, unlike in this case, the dismissal took effect and, following termination of the state court proceeding, the petitioner was required to file a second petition.
9. Henry v. Lungren, 164 F.3d 1240, 1241 (9th Cir. 1999), is not to the contrary. In that case, after the district court dismissed his first habeas petition and failed to retain jurisdiction over it, the petitioner refiled in state court in order to exhaust his claims. Accordingly, unlike in this case, the dismissal took effect and, following termination of the state court proceeding, the petitioner was required to file a second petition.
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