The following excerpt is from Townsel v. Madera Cnty. Dist. Attorney's Office, Case No. 1:15-cv-01128-GSA HC (E.D. Cal. 2015):
A petition is a mixed petition if it contains exhausted and unexhausted claims. A mixed petition must be dismissed. However, a petitioner who has filed a mixed petition may, at his option, withdraw the unexhausted claims and go forward with the exhausted claims. Anthony v. Cambra, 236 F.3d 568, 574 (9th Cir. 2000) ("[D]istrict courts must provide habeas litigants with the opportunity to amend their mixed petitions by striking unexhausted claims as an alternative to suffering dismissal.").
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