Can a federal district court dismiss a habeas petition without resolving whether all the claims have been exhausted?

MultiRegion, United States of America

The following excerpt is from Boyd v. Thompson, 147 F.3d 1124 (9th Cir. 1998):

We have interpreted Rule 4 to authorize a district court to "dismiss a habeas petition without resolving whether a petitioner has exhausted available state remedies when on the face of the petition it is obvious that the petition lacks merit." Gutierrez v. Griggs, 695 F.2d 1195, 1198 (9th Cir.1983). Requiring a district court to determine whether all the claims in a meritless petition have been exhausted "would be wasteful and inefficient" and "would place a correspondingly higher burden on state and federal judicial resources." Id.

Other Questions


What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to dismiss a habeas corpus petition for failure to exhaust? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
If a habeas petition contains both exhausted and unexhausted claims, should the court dismiss it without prejudice? (MultiRegion, United States of America)
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.