What is the legal test for dismissing a mixed federal habeas corpus petition?

Petitioner may move to voluntarily dismiss his entire federal petition. He may then seek to return to state court to exhaust his claims, and then file a new federal petition that contains only exhausted claims. See Rose v. Lundy, 455 U.S. 509, 510, 520-21 (stating that a petitioner who files a mixed petition may dismiss his petition to "return[] to state court to exhaust his claims").

Any new federal petition must be filed before the expiration of the one-year statute of limitations. A petitioner normally has one year from the date his conviction became final to file his federal petition, unless he can show that either statutory or equitable tolling applies. Duncan v. Walker, 533 U.S. 167, 176 (2001); 28 U.S.C. 2244(d).

The statute of limitations does not run while a properly filed state habeas corpus petition is pending. 28 U.S.C. 2244(d)(2); see Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir. 1999). But see Artuz v. Bennett, 531 U.S. 4, 8 (2000) (holding that "an

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