Does a mixed petition need to be amended so that the petitioner can proceed on his untimely and uncognizable claims?
MultiRegion, United States of America
The following excerpt is from Gray v. Hill, No. 2:14-cv-1047-JAM-EFB P (E.D. Cal. 2015):
Nevertheless, in granting respondent's motion to dismiss petitioner's mixed petition, the court should offer petitioner leave to amend the petition to delete his uncognizable, unexhausted, and untimely claims and to proceed on this exhausted claims. Henderson v. Johnson, 710 F.3d 872, 873 (9th Cir. 2013) ("[A] petitioner who files a mixed petition must, at a minimum, be offered leave to amend the petition to delete any unexhausted claims and to proceed on the exhausted claims.").
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