Statz

Statz v. Nevada

Good Law
171 F. App'x 157
United States Court of Appeals for the Ninth CircuitMarch 15, 2006No. 04-17242California291 words

Opinion

Lead Opinion

MEMORANDUM **

Nevada state prisoner David Statz appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition challenging his 1994 no contest plea conviction for murder and larceny. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

This court granted Statz a certificate of appealability only on the issue of whether the district court should have offered Statz the opportunity to stay his mixed habeas *158 petition so that he could return to state court to exhaust his unexhausted claims. We review for abuse of discretion the district court’s decision to grant or deny a “stay and abeyance” of a habeas petition. See Rhines v. Weber, 544 U.S. 269 , 125 S.Ct. 1528, 1584-35 , 161 L.Ed.2d 440 (2005).

No abuse of discretion occurred here. After determining that Statz’s habeas petition was mixed, the district court gave him the opportunity to exercise his options under Rose v. Lundy, 455 U.S. 509, 510 , 102 S.Ct. 1198 , 71 L.Ed.2d 379 (1982), and offered Statz an administrative closure procedure that was the equivalent of a stay and abeyance. Statz rejected that procedure and knowingly and voluntarily elected to abandon the…

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