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HOWARD v. NORRIS

No. 09-2826.

616 F.3d 799 (2010)

Timothy Lamont HOWARD, Appellee, v. Larry NORRIS, Director, Arkansas Department of Corrections, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2010.

Attorney(s) appearing for the Case

Lauren Elizabeth Heil, AAG , argued and briefed, Little Rock, AR, for Appellant.

Josh Lee , argued, Scott Braden, AFPD , on the brief, Little Rock, AR, for Appellee.

Before BYE, BEAM, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

Larry Norris, the Director of the Arkansas Department of Corrections, filed this interlocutory appeal of the district court's order staying Timothy Howard's federal habeas proceeding. The district court stayed the proceeding to give Howard a chance to return to state court to exhaust certain claims. Norris contends the district court abused its discretion in granting the stay because the unexhausted claims are procedurally defaulted, that is, Howard...

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