Thompson v. Frank, No. 08-16982, involved the state's appeal from a district court's order staying a habeas petition filed by a Hawaii state prisoner. The Ninth Circuit dismissed the appeal, holding that, because a district court's conclusion about whether a habeas claim had been exhausted was addressable on appeal after final judgment, the requirements of the collateral order doctrine were not satisfied.
As the court wrote: "The State of Hawaii and other respondents appeal the district court's order staying a 28 U.S.C. § 2254 habeas corpus petition filed by James Thompson, a Hawaii state prisoner, who is serving a sentence of life with possibility of parole and other concurrent sentences after his conviction of several counts of sexual assault, attempt, and kidnapping. The district court stayed proceedings in the case pending exhaustion of his unexhausted claims in state court. We conclude we lack appellate jurisdiction over the interlocutory appeal and dismiss it."
- Full Text of Thompson v. Frank, No. 08-16982