What is the federal court's current procedure for dismissing a petition containing unexhausted claims?
California, United States of America
The following excerpt is from In Re Edward Patrick Morgan On Habeas Corpus., 114 Cal.Rptr.3d 591, 237 P.3d 993, 50 Cal.4th 932 (Cal. 2010):
2The federal courts have since resolved this dilemma by adopting a stay and abeyance procedure. Rather than dismissing a petition containing unexhausted claims, the district court now has discretion to stay action on it while the petitioner returns to state court to exhaust all remedies. (See Rhines v. Weber (2005) 544 U.S. 269, 125 S.Ct. 1528, 161 L.Ed.2d 440.)
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