What is the test for a motion to dismiss a habeas petition for failure to exhaust state remedies?
MultiRegion, United States of America
The following excerpt is from Harmon v. Ryan, 944 F.2d 465 (9th Cir. 1991):
Phillip J. Harmon, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 28 U.S.C. 2254 habeas petition for failure to exhaust state remedies. We review de novo, Turner v. Compoy, 827 F.2d 526, 528 (9th Cir.1987), cert. denied, 489 U.S. 1059, 109 S.Ct. 1327, 103 L.Ed.2d 595 (1989), and we vacate and remand.
Page 466
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