slack
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april
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slack
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murder
nevada
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federal
habeas
corpus
petition
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litigate
claims
yet
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nevada
courts
rule
requiring
complete
exhaustion
state
remedies
see
rose
lundy
slack
filed
motion
hold
federal
petition
abeyance
returned
state
federal
district
ordered
habeas
petition
dismissed
without
prejudice
granting
slack
leave
file
application
renew
upon
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eldon
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petitioner
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murder
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november
slack
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petition
writ
habeas
corpus
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early
federal
proceeding
slack
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claims
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nevada
courts
raise
claims
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exhaustion
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rose
lundy
federal
required
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petition
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claims
yet
litigated
state
accordingly
slack
filed
motion
seeking
hold
federal
petition
abeyance
returned
state
exhaust
new
claims
without
objection
state
district
ordered
habeas
petition
dismissed
without
prejudice
order
dated
february
stated
petitioner
granted
leave
file
application
renew
upon
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remedies
slack
director
dept
prisons
app
unsuccessful
round
state
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proceedings
slack
filed
new
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habeas
petition
may
district
later
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counsel
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file
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petition
notice
intention
proceed
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petition
december
counsel
filed
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petition
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claims
relief
state
moved
dismiss
petition
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ground
state
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slack
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say
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claims
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courts
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ground
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cited
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established
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claims
slack
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federal
habeas
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abuse
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granted
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motion
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march
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prisoner
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return
state
decided
proceed
exhausted
claims
federal
possibility
arose
subsequent
petition
considered
second
successive
subject
dismissal
abuse
writ
plurality
opinion
prisoner
decides
proceed
exhausted
claims
deliberately
sets
aside
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claims
risks
dismissal
subsequent
federal
petitions
understanding
second
successive
rule
confirmed
two
terms
ago
wrote
follows
none
cases
ever
suggested
prisoner
whose
habeas
petition
dismissed
failure
exhaust
state
remedies
exhaust
remedies
returned
federal
action
filing
successive
petition
petition
filed
adjudicate
claims
standard
govern
made
first
petition
stewart
supra
adhere
analysis
petition
filed
mixed
petition
dismissed
rose
lundy
district
adjudicated
claims
treated
first
petition
second
successive
petition
state
contends
prisoner
upon
return
federal
restricted
claims
made
initial
petition
neither
rose
lundy
require
result
limit
prisoner
claims
made
pleading
often
uncounseled
pending
federal
state
identifies
one
unexhausted
claim
proposed
rule
bar
prisoner
raising
nonfrivolous
claims
developed
subsequent
state
exhaustion
proceedings
contemplated
rose
dismissal
even
though
federal
yet
review
single
constitutional
claim
result
contrary
admonition
complete
exhaustion
rule
trap
unwary
pro
se
prisoner
rose
internal
quotation
marks
omitted
instead
appropriate
treat
initial
mixed
petition
though
filed
subject
whatever
conditions
attaches
dismissal
rose
lundy
dictated
whatever
particular
claims
petition
contained
none
considered
federal
slack
petition
dismissed
procedure
established
rose
lundy
claim
made
slack
petition
adjudicated
three
months
pending
federal
petition
dismissed
grounds
second
successive
reasoning
contrary
found
appeals
farmer
decision
rendered
incorrect
see
also
turner
refusing
apply
rules
governing
second
successive
petitions
petitioner
whose
prior
habeas
petition
dismissed
failure
exhaust
view
established
practice
demonstrates
slack
petition
second
successive
confirmed
well
opinions
courts
appeals
addressed
point
similar
circumstances
carlson
pitcher
join
every
consider
question
hold
habeas
petition
filed
previous
petition
dismissed
exhaustion
grounds
second
successive
petition
turner
supra
christy
horn
dickinson
maine
camarano
irvin
state
complains
rule
unfair
filing
mixed
petition
federal
requires
appear
plead
failure
exhaust
petition
dismissed
without
prejudice
allowing
prisoner
make
return
trip
state
courts
exhaust
new
claims
state
expresses
concern
upon
exhaustion
prisoner
return
federal
file
mixed
petition
causing
process
repeat
manner
state
contends
vexatious
litigant
inject
undue
delay
collateral
review
process
extent
tactic
become
problem
however
countered
without
upsetting
established
meaning
second
successive
petition
first
state
remains
free
impose
proper
procedural
bars
restrict
repeated
returns
state
postconviction
proceedings
second
provisions
aedpa
may
bear
upon
question
cases
act
applies
aedpa
demonstrates
congress
may
address
matters
relating
exhaustion
mixed
petitions
means
rules
governing
second
successive
petitions
third
rules
civil
procedure
applicable
general
matter
habeas
cases
vest
federal
courts
due
flexibility
prevent
vexatious
litigation
slack
concedes
habeas
corpus
context
appropriate
order
dismissing
mixed
petition
instruct
applicant
upon
return
federal
bring
exhausted
claims
see
fed
rules
civ
proc
petitioner
made
aware
exhaustion
requirement
reason
exists
exhaust
potential
claims
returning
federal
failure
comply
order
grounds
dismissal
prejudice
fed
rule
civ
proc
case
however
initial
petition
dismissed
without
condition
without
prejudice
reject
state
argument
refusing
give
new
meaning
established
term
second
successive
opens
door
abuses
described
iv
slack
demonstrated
reasonable
jurists
conclude
district
abuse
writ
holding
wrong
determined
habeas
petition
filed
initial
petition
dismissed
rose
lundy
without
adjudication
merits
second
successive
petition
whether
slack
otherwise
entitled
issuance
coa
question
resolved
first
upon
remand
decision
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
antonio
tonton
slack
petitioner
eldon
mcdaniel
warden
et
al
writ
certiorari
appeals
ninth
circuit
april
justice
stevens
justice
souter
justice
breyer
join
concurring
part
concurring
judgment
respect
issue
resolved
part
ii
opinion
agree
courts
appeals
held
version
governs
right
appeal
respect
appeal
noticed
effective
date
aedpa
habeas
corpus
proceeding
commenced
prior
date
see
fuller
roe
crowell
walsh
cadc
tejeda
dubois
berrios
kunzman
skandier
hardwick
singletary
vacated
part
grounds
arredondo
carter
see
tiedeman
benson
however
join
balance
opinion
judgment
antonio
tonton
slack
petitioner
eldon
mcdaniel
warden
et
al
writ
certiorari
appeals
ninth
circuit
april
justice
scalia
justice
thomas
joins
concurring
part
dissenting
part
join
opinion
except
discussion
parts
iii
iv
whether
slack
postexhaustion
petition
second
successive
believe
produces
produced
different
respect
stewart
see
scalia
dissenting
distortion
natural
meaning
term
second
successive
opinion
relies
together
rose
lundy
conclude
prisoner
whose
federal
petition
dismissed
allow
exhaustion
may
return
federal
without
later
petition
treated
second
successive
regardless
claims
contains
neither
holdings
even
language
opinions
suggest
proposition
holdings
even
involve
issue
exhaustion
bearing
upon
present
case
narrow
holding
rose
lundy
habeas
petition
containing
exhausted
unexhausted
claims
must
dismissed
fairly
said
embraced
proposition
petitioner
return
claims
exhausted
latter
proposition
thought
rest
upon
theory
petition
dismissed
lack
exhaustion
petition
never
existed
later
petition
second
successive
thought
rest
upon
theory
later
refiling
original
claims
exhausted
renewal
first
petition
implicitly
authorized
dismissal
permit
exhaustion
former
theory
counterfactual
latter
quite
plausible
language
quotes
rose
also
justify
theory
quotation
rose
says
prisoners
submit
mixed
petitions
entitled
exhaust
remainder
claims
ante
quoting
rose
supra
emphasis
added
suggest
entitled
add
new
claims
return
without
accomplishing
exhaustion
dismissed
petition
allow
quotation
indicates
prisoner
whose
habeas
petition
dismissed
failure
exhaust
state
remedies
exhaust
refile
federal
adjudicate
claims
standard
govern
made
first
petition
ante
quoting
supra
emphasis
added
require
treating
later
filed
petition
first
petition
regardless
whether
bears
resemblance
petition
initially
filed
fact
clearly
recognized
potential
significance
raising
new
claim
rather
merely
renewing
old
one
held
petition
raising
claim
incompetence
executed
previously
dismissed
premature
second
successive
expressly
distinguished
left
open
situation
claim
raised
earlier
petition
see
state
understandably
fears
consequences
approach
allow
federal
petitions
repeatedly
filed
dismissed
lack
exhaustion
requiring
state
repeatedly
appear
expend
resources
help
sight
supposed
limitations
second
successive
petitions
reassuringly
observes
problem
countered
ways
without
upsetting
established
meaning
second
successive
petition
ante
discussed
established
first
petition
ceases
first
petition
dismissed
permit
exhaustion
though
problem
repetitive
filings
dismissals
lack
exhaustion
course
countered
ways
problem
repetitive
filings
reasons
happens
whole
purpose
second
successive
provision
solve
precisely
problem
directly
checking
vexatious
litigant
rather
hoping
courts
use
patchwork
provisions
achieve
end
disagree
district
courts
may
able
limit
repeated
filings
appropriate
orders
pursuant
fed
rules
civ
proc
burden
district
courts
necessary
however
remanded
reliance
upon
discretion
district
judges
limitation
second
successive
petitions
given
natural
meaning
believe
petitioner
inclusion
new
unexhausted
claims
postexhaustion
petition
rendered
second
successive
entitled
certificate
appealability
affirm
decision
appeals