Potts

Potts v. Crawford

Good Law
139 F. App'x 818
United States Court of Appeals for the Ninth CircuitJuly 14, 2005No. 03-15803California325 words

Opinion

Lead Opinion

MEMORANDUM **

Lawrence Potts appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his Nevada convictions and sentences for accessory to robbery and felony possession of a stolen vehicle. We have jurisdiction pursuant to 28 U.S.C. § 2253 and affirm.

Petitioner argues that the district court abused its discretion by not staying the mixed petition to allow petitioner to exhaust his unexhausted claims. We review a district court’s grant or denial of a stay for an abuse of discretion. Rhines v. Weber, — U.S.-, 125 S.Ct. 1528, 1534-35 , 161 L.Ed.2d 440 (2005). The district court gave petitioner the opportunity to exercise his options under Rose v. Lundy, 455 U.S. 509 , 102 S.Ct. 1198 , 71 L.Ed.2d 379 (1982), and offered petitioner an administrative closure procedure that was the equivalent of a stay and abeyance. Petitioner, who was represented by counsel in the district court, filed a written declaration stating that he “voluntarily, knowingly, and intelligently [chose] to abandon” his unexhausted claims and acknowledging that he would be barred from raising the claims in any federal proceedings. He thus gave up his right to pursue the unexhausted…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.