Does a motion to dismiss the petition for failure to exhaust state remedies succeed?
MultiRegion, United States of America
The following excerpt is from August v. Reiner, 897 F.2d 533 (9th Cir. 1990):
1 Although the district court dismissed the petition for failure to exhaust state remedies, we may affirm on any basis supported by the record. See Kelson v. City of Springfield, 767 F.2d 651, 656 (9th Cir.1985).
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