Supreme Court of the United States

Rose v. Lundy

March 3, 1982455 U.S. 509

Summary

The Court held that a federal district court must dismiss a state prisoner’s habeas petition when it contains both exhausted and unexhausted claims. The rule was adopted because requiring total exhaustion promotes comity, gives state courts the first opportunity to correct constitutional errors, and reduces piecemeal litigation. The judgment of the Court of Appeals was reversed and the case remanded.

Holding

  • Treatment of a habeas petition containing exhausted and unexhausted claims. A federal district court must dismiss a habeas petition containing both exhausted and unexhausted claims rather than adjudicating the exhausted claims while the unexhausted claims remain unresolved.

Docket 80-846

Cited authorities

  • Rule 9(b)
  • Rule 9(b)
  • Rule 9(b)
  • Rule 9(b)
  • 28 U.S.C. §§ 2254
  • 28 U.S.C. §§ 2254
  • Rule 9(b)
  • Rule 9(b)

Cited by