U.S. Court of Appeals for the Tenth Circuit
Kell v. Benzon
This writing
- Type
- Opinion of the Court
- Filed
- May 28, 2019
- Case
- Kell v. Benzon
- Case status
- Decided
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Opening text
The first passage of the document, as extracted by the source provider.
BACHARACH, Circuit Judge. This is an interlocutory appeal from an order staying a habeas proceeding. We lack jurisdiction and dismiss the appeal. Mr. Troy Kell sought habeas relief, but he had not exhausted two of his claims in state court. The unexhausted claims created a Catch-22 for Mr. Kell, risking a dismissal of all of his claims without an opportunity to timely refile. To relieve Mr.…
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