Wilson

Wilson v. Lamarque

Good Law
150 F. App'x 719
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 03-55580California618 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Jerome Wilson appeals from the district court’s procedural rulings denying his request to amend his federal habeas petition and his motions seeking a stay to allow him to exhaust certain issues in state court. We affirm.

1. On the same day Wilson filed his habeas petition in federal court, he also filed a motion requesting that the court stay the proceedings and hold his petition in abeyance while he exhausted certain claims before the California Supreme Court. The magistrate judge denied his motion without prejudice. Once these claims were exhausted, Wilson made no effort to amend his petition to include the newly exhausted issues. At the time the California Supreme Court denied relief on these claims, the present case was still pending, and Wilson had ample time under AEDPA’s one-year statute of limitations to add the exhausted claims. As Wilson therefore suffered no prejudice from the magistrate judge’s refusal to grant a stay, we need not address whether that ruling was correct.

2. Wilson also alleges that the magistrate judge erred in denying his request to amend his federal petition to include two other unexhausted claims. The magistrate judge…

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