Pliler

MEMORANDUM **

Petitioner Darren Charles Williams appeals the district court’s dismissal of his federal petition for writ of habeas corpus for failure to exhaust state remedies. Because the district court did not give Petitioner an opportunity to file an amended petition omitting unexhausted claims after overruling Petitioner’s objection to the Magistrate Judge’s Report and Recommendation (“Report”), we reverse.

The Report, filed April 25, 2000, found that Petitioner’s petition contained both exhausted and unexhausted claims. The Report stated that the “mixed” petition must be dismissed, but indicated that “[i]f Petitioner desires to proceed on the exhausted claims presented in the instant First Amended Petition, petitioner may file a Second Amended Petition no later than the end of the period in which objections to this Report and Recommendation must be filed.”

On May 8, 2000, Petitioner objected, not to the substance of the Report, but to the method by which the Magistrate Judge was requiring him to proceed. Petitioner wanted to have the district court simply strike the unexhausted claims from his existing petition without requiring him to refile a new petition. On May 18,…