Tuesday, August 12, 2008

Piecemeal Dismissal of Claims Improper

Snyder v. Ortiz, 2008 WL 2961343 (8/4/08) (unpub'd) - In habeas case, the district court was wrong to dismiss the unexhausted claims and deny the other exhausted ones. A mixed petition must either be dismissed in its entirety without prejudice or the district court must deny all the claims on the merits.