Jefferson v. Budge, 419 F.3d 1013 (9th Cir. Aug. 16, 2005) (district court erred in dismissing dismiss mixed habeas petition without first offering petitioner the options provided in Rose v. Lundy, 455 U.S. 509 (1982) (choice of exhausting his unexhausted claims by returning to state court, or abandoning those claims and pursuing the remaining exhausted claims in federal court)).

jurisdiction: 
Ninth Circuit

 

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