Mitchell v. Valenzuela

Petitioner, convicted of first degree murder, appealed the denial of his motion to stay and abey his 28 U.S.C. 2254 habeas corpus petition while he exhausted some of his claims in state court. The court held that, in the context of a section 2254 habeas petition, this type of motion is generally (but not always) dispositive as to the unexhausted claims. When it is dispositive, a magistrate judge is without authority to “hear and determine” such a motion, but rather must submit a report and recommendation to the district court. Accordingly, the court vacated the district court's dismissal of the habeas corpus petition and remanded for further proceedings. View "Mitchell v. Valenzuela" on Justia Law