Sebastian H. Jiminez v. Bertram Rice, Warden, 246 F.3d 1277 (9th Cir. 2001). · Go Syfert
Search
Sebastian H. Jiminez v. Bertram Rice, Warden, 246 F.3d 1277 (9th Cir. 2001). Cases Citing This Book View Copy Cite
5 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: (HC)(DP) Maury v. Martel (caed, 2022-09-27)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" (HC)(DP) Maury v. Martel
E.D. Cal. · 2022 · signal: see · confidence high
See Scott v. Baldwin, 225 F.3d 1020 , 1023 n. 7 (9th Cir. 2 2000) (The petitioner “cannot succeed on a [new] claim for the simple reason that it, obviously, 3 has not been exhausted in state court.” (citing 28 U.S.C. § 2254 (b)(1)(A) (providing that a state 4 prisoner’s habeas petition “shall not be granted unless it appears that the applicant has exhausted 5 the remedies available in the courts of the State”) and Jiminez v. Rice, 222 F.3d 1210 , 1212 (9th 6 Cir.2000), reh’g granted, opinion withdrawn on other grounds, 246 F.3d 1277 (9th Cir. 2001), 7 and on reh’g, 276 F.3d 478 …
cited Cited "see, e.g." Wallace Levan Griffey v. Gary Lindsey, Warden
9th Cir. · 2003 · signal: see also · confidence low
See Duncan v. Walker, 533 U.S. 167, 174 , 121 S.Ct. 2120 , 150 L.Ed.2d 251 (2001); see also Jiminez v. Rice, 222 F.3d 1210, 1213 (9th Cir.2000), withdrawn by 246 F.3d 1277 (2001).
Retrieving the full opinion text from the archive…
Sebastian H. JIMINEZ, Petitioner-Appellant,
v.
Bertram RICE, Warden, Respondent-Appellee
99-15574.
Court of Appeals for the Ninth Circuit.
Apr 24, 2001.
246 F.3d 1277
Schroeder, Beezer, Trott.
Cited by 5 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Before: Mary M. Schroeder, Chief Judge, and Robert R. Beezer and Stephen S. Trott, Circuit Judges.

Lead Opinion

ORDER; Dissent by Chief Judge SCHROEDER.

ORDER

The petition for rehearing is GRANTED and the suggestion for rehearing en banc is DENIED. The opinion filed on August 22, 2000, published at 222 F.3d 1210 (9th Cir.2000) is WITHDRAWN. Submission of this case is DEFERRED pending a decision by the United States Supreme Court in Walker v. Artuz, 208 F.3d 357 (2d Cir.), cert. granted sub nom Duncan v. Walker, — U.S.-, 121 S.Ct. 480, 148 L.Ed.2d 454 (Nov. 13, 2000), or until further order of this court.

Dissent

SCHROEDER, Chief Judge,

dissenting in part,

I agree that the petition for rehearing should be granted and the original opinion withdrawn. Waiting for the United States Supreme Court to decide whether a federal habeas petition tolls the year limitation period is useful, because it will let Jiminez know whether he will have any time to file a new or amended petition after he exhausts state remedies. It is not necessary to wait for Walker, however, to review the district court’s dismissal of this petition, since it was filed before the year period expired. Because it contained unexhaust-ed claims, it should have been dismissed without prejudice. See Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 1605-06, 146 L.Ed.2d 542 (2000).