Doe v. Jones 762 F.3d 1174 (10th Cir. 2014)
Jul 2, 2014
As a matter of first impression, the Tenth Circuit held that the stay and abeyance of a federal habeas petition, as approved in Rhines v. Weber, 544 U.S. 269 (2005), applies to mixed as well as unmixed petitions. However, because the petitioner’s claim of actual innocence would be a basis for equitable tolling of the federal limitations period, he was unable to establish the “good cause” required under Rhines. The court accordingly affirmed the district court’s denial of the stay and its dismissal of the petitioner’s habeas petition.