Can a motion to dismiss for failure to exhaust state remedies be reviewed in Rule 4?
MultiRegion, United States of America
The following excerpt is from Figueroa-Guizar v. Keeton, Case No.: 1:17-cv-00504-DAD-JLT (HC) (E.D. Cal. 2017):
evaluate motion to dismiss petition for failure to exhaust state remedies); White v. Lewis, 874 F.2d 599, 602-03 (9th Cir. 1989) (using Rule 4 as procedural grounds to review motion to dismiss for state procedural default). Thus, a respondent can file a motion to dismiss after the court orders a response, and the court should use Rule 4 standards to review the motion.
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