What remedies are available to the petitioner in a federal habeas petition?
MultiRegion, United States of America
The following excerpt is from Kirkland v. Diaz, No. 2:20-CV-0748-JAM-DMC-P (E.D. Cal. 2020):
time the petitioner filed the habeas petition in federal court no state remedies are available to the petitioner and the petitioner has not deliberately by-passed the state remedies." Batchelor v. Cupp, 693 F.2d 859, 862 (9th Cir. 1982) (citations omitted). Exhaustion is not a jurisdictional requirement and the court may raise the issue sua sponte. See Simmons v. Blodgett, 110 F.3d 39, 41 (9th Cir. 1997).
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