What is the test for dismissing unexhausted federal claims?
MultiRegion, United States of America
The following excerpt is from Jimenez v. Tampkins, Case No. 1:19-cv-00187-NONE-JDP (E.D. Cal. 2020):
1. We also decline to analyze the merits. Although we may analyze and dismiss unexhausted claims on the merits if it is "perfectly clear" that petitioner "failed to present a colorable federal claim," we are not obligated to do so. See Cassett v. Stewart, 406 F.3d 614, 624 (9th Cir. 2005); 28 U.S.C. 2254(b)(2).
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