OPINION OF THE COURT
PLILER V. FORD
542 U. S. ____ (2004)
SUPREME COURT OF THE UNITED STATES
NO. 03-221
CHERYL K. PLILER, WARDEN, PETITIONER
v.
RICHARD HERMAN FORD
on writ of certiorari to the united states court of
appeals for the ninth circuit
[June 21, 2004]
Justice Thomas delivered the
opinion of the Court.
Under
Rose v.
Lundy, 455 U. S. 509 (1982),
federal district courts must dismiss “mixed” habeas corpus
petitions—those containing both unexhausted and exhausted claims.
In this case, we decide whether the District Court erred by
dismissing, pursuant to
Rose, a
pro se habeas
petitioner’s two habeas petitions without giving him two particular
advisements. Because we hold that the District Court’s failure to
provide these warnings did not make the dismissals improper, we
need not address the second question presented, whether
respondent’s subsequent untimely petitions relate back to his
“improperly dismissed” initial petitions.
I
On April 19, 1997, five days
before his 1-year statute of limitations under the Antiterrorism
and Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214,
would have run, respondent signed and delivered to prison
authorities two
pro se federal habeas corpus petitions.
The first petition related to respondent’s conviction for, among
other things, conspiring to murder John Loguercio and attempting to
murder Loguercio’s wife; the second related to his conviction for
the first-degree murder and conspiracy to commit the murder of
Thomas Weed. Because the petitions contained unexhausted claims,
respondent also filed motions to stay the petitions so that he
could return to state court to exhaust the unexhausted claims. The
Magistrate Judge gave respondent three options: (1) The petitions
could be dismissed without prejudice and respondent could refile
after exhausting the unexhausted claims; (2) the unexhausted claims
could be dismissed and respondent could proceed with only the
exhausted claims; or (3) respondent could contest the Magistrate
Judge’s finding that some of the claims had not been exhausted.
App. 51–52; 81–82.
With respect to his petition in
the Loguercio case, respondent chose the first option. With respect
to the Weed case, respondent failed to respond to the Magistrate
Judge. The District Court dismissed respondent’s petitions without
prejudice. In both cases, respondent proceeded by filing habeas
corpus petitions in the California Supreme Court, which were both
summarily denied. Respondent subsequently refiled his
pro
se habeas petitions in Federal District Court. The District
Court, in both cases, dismissed the petitions with prejudice as
untimely under AEDPA’s 1-year statute of limitations, 28 U.
S. C. §2254(d), and denied respondent’s motions for a
certificate of appealability (COA). The Ninth Circuit consolidated
respondent’s motions for a COA, and then granted a COA on the
question whether his federal habeas petitions were timely under
§2254(d). A divided panel concluded that both of respondent’s
initial federal habeas petitions were timely filed and held that
his later petitions related back to the initial petitions.
Ford v.
Hubbard, 330 F. 3d 1086, 1097
(2003).
Although the District Court correctly
concluded that it did not have discretion to stay respondent’s
mixed petitions, see
Rose,
supra, at 522, the
Ninth Circuit determined that the District Court could have acted
on the stay motions if respondent had chosen the Magistrate Judge’s
second option—dismissal of the unexhausted claims—and then renewed
the prematurely filed stay motions. Under the Ninth Circuit’s view,
the District Court was obligated to advise respondent that it could
consider his stay motions only if he chose this route. 330
F. 3d, at 1099. The District Court’s failure to inform
respondent was, according to the Court of Appeals, prejudicial
error because it deprived respondent of a “fair and informed
opportunity to have his stay motions heard, to exhaust his
unexhausted claims, and ultimately to have his claims considered on
the merits.”
Id., at 1100.
The District Court also committed prejudicial
error, according to the Ninth Circuit, for failing to inform
respondent that AEDPA’s 1-year statute of limitations had run on
both of his petitions and that, consequently, he would be barred
from refiling his petitions in federal court if he failed to amend
them or if he chose to dismiss the petitions without prejudice in
order to exhaust the unexhausted claims. Under the Court of
Appeals’ view, the District Court “definitively, although not
intentionally,” misled respondent by telling him that if he chose
the first option, the dismissal would be without prejudice.
Ibid. The Court of Appeals concluded that respondent
should have been told that, because AEDPA’s statute of limitations
had run with respect to his claims, a dismissal without prejudice
would effectively result in a dismissal with prejudice unless
equitable tolling applied.
Id., at 1101. According to the
Court of Appeals, the District Court’s error in this regard
deprived respondent of the opportunity to make a “meaningful”
choice between the two options.
Id., at 1102.[
Footnote 1] We granted certiorari, 540 U. S.
___ (2004).
II
Under
Rose, federal
district courts must dismiss mixed habeas petitions. 455 U. S., at
510, 522. Subsequent to the Court’s decision in
Rose,
Congress enacted AEDPA, which imposed a 1-year statute of
limitations for filing a federal habeas corpus petition. See 28 U.
S. C. §2244(d)(1). The combined effect of
Rose and
AEDPA’s limitations period is that if a petitioner comes to federal
court with a mixed petition toward the end of the limitations
period, a dismissal of his mixed petition could result in the loss
of all of his claims—including those already exhausted—because the
limitations period could expire during the time a petitioner
returns to state court to exhaust his unexhausted claims. To
address this, the Ninth Circuit has held that a district court may
employ a stay-and-abeyance procedure. See
Calderon v.
United States Dist. Court for the Northern Dist. of California
ex rel. Taylor, 134 F. 3d 981, 988 (1998). The
stay-and-abeyance procedure involves three steps: first, dismissal
of any unexhausted claims from the original mixed habeas petition;
second, a stay of the remaining claims, pending exhaustion of the
dismissed unexhausted claims in state court; and third, amendment
of the original petition to add the newly exhausted claims that
then relate back to the original petition.
Id., at
986.
In this case, the Ninth Circuit
held that if a
pro se prisoner files a mixed petition, the
district court must give two specific warnings regarding the
stay-and-abeyance procedure: first, that “it would not have the
power to consider [a prisoner’s] motions to stay the [mixed]
petitions unless he opted to amend them and dismiss the
then-unexhausted claims,” 330 F. 3d, at 1092–1093, and, second, if
applicable, “that [a prisoner’s] federal claims would be
time-barred, absent cause for equitable tolling, upon his return to
federal court if he opted to dismiss the petitions ‘without
prejudice’ and return to state court to exhaust all of his claims,”
id., at 1093.
Without addressing the propriety of this
stay-and-abeyance procedure, we hold that federal district judges
are not required to give
pro se litigants these two
warnings. District judges have no obligation to act as counsel or
paralegal to
pro se litigants. In
McKaskle v.
Wiggins, 465 U. S. 168, 183–184
(1984), the Court stated that “[a] defendant does not have a
constitutional right to receive personal instruction from the trial
judge on courtroom procedure” and that “the Constitution [does not]
require judges to take over chores for a
pro se defendant
that would normally be attended to by trained counsel as a matter
of course.” See also
Martinez v.
Court of Appeal of
Cal., Fourth Appellate Dist., 528 U. S. 152, 162
(2000) (“[T]he trial judge is under no duty to provide personal
instruction on courtroom procedure or to perform any legal ‘chores’
for the defendant that counsel would normally carry out”).
Explaining the details of federal habeas procedure and calculating
statutes of limitations are tasks normally and properly performed
by trained counsel as a matter of course. Requiring district courts
to advise a
pro se litigant in such a manner would
undermine district judges’ role as impartial decisionmakers. And,
to the extent that respondent is concerned with a district court’s
potential to mislead
pro se habeas petitioners, the
warnings respondent advocates run the risk of being misleading
themselves.
Specifically, the first warning could
encourage the use of stay-and-abeyance when it is not in the
petitioner’s best interest to pursue such a course. This could be
the case, for example, where the petitioner’s unexhausted claims
are particularly weak and petitioner would therefore be better off
proceeding only with his exhausted claims. And it is certainly the
case that not every litigant seeks to maximize judicial
process.
The second advisement would force upon
district judges the potentially burdensome, time-consuming, and
fact-intensive task of making a case-specific investigation and
calculation of whether the AEDPA limitations period has already run
or will have run by the time the petitioner returns to federal
court. As the dissent below recognized, district judges often will
not be able to make these calculations based solely on the face of
habeas petitions. 330 F. 3d, at 1108. Such calculations depend
upon information contained in documents that do not necessarily
accompany the petitions. This is so because petitioners are not
required by 28 U. S. C. §2254 or the Rules Governing §2254
Cases to attach to their petitions, or to file separately,
state-court records.[
Footnote
2] See 1 R. Hertz & J. Liebman, Federal Habeas Corpus
Practice and Procedure §15.2c, p. 711 (4th ed. 2001) (“Most
petitioners do not have the ability to submit the record with the
petition, and the statute and rules relieve them of any obligation
to do so and require the state to furnish the record with the
answer”). District judges, thus, might err in their calculation of
the statute of limitations and affirmatively misinform
pro
se petitioners of their options.
Respondent nevertheless argues that the
advisements are necessary to ensure that
pro se
petitioners make informed decisions and do not unknowingly forfeit
rights. Brief for Respondent 27–32. Respondent reads
Rose
as mandating that “a prisoner be given ‘
the choice of
returning to state court to exhaust his claims or amending or
resubmitting the habeas petition to present only exhausted claims
to the district court.’ ” Brief for Respondent 25–26, 27
(quoting
Rose, 455 U. S., at 510) (emphasis in brief). But
Rose requires only that “a district court must dismiss …
‘mixed petitions,’ leaving the prisoner with the choice” described
above.
Ibid. In other words,
Rose requires
dismissal of mixed petitions, which, as a practical matter, means
that the prisoner must follow one of the two paths outlined in
Rose if he wants to proceed with his federal habeas
petition. But nothing in
Rose requires that both of these
options be equally attractive, much less suggests that district
judges give specific advisements as to the availability and wisdom
of these options. As such, any advisement of this additional option
would not “simply implement what this Court
already
requires.” Brief for Respondent 27 (emphasis in original).
Respondent also relies heavily upon
Castro v.
United States, 540 U. S. ___ (2003). In
Castro, we held that a federal district court cannot
sU. S.onte recharacterize a
pro se litigant’s
motion as a first §2255 motion unless it informs the litigant of
the consequences of the recharacterization, thereby giving the
litigant the opportunity to contest the recharacterization, or to
withdraw or amend the motion.
Id., at ___ (slip op., at
1).
Castro dealt with a District Court, of its own
volition, taking away a petitioner’s desired route—namely, a
Federal Rule of Criminal Procedure 33 motion—and transforming it,
against his will, into a §2255 motion. Cf.
id., at ___
(slip op., at 2) (Scalia, J., concurring in part and concurring in
judgment) (“Recharacterization … requires a court deliberately to
override the
pro se litigant’s choice of procedural
vehicle for his claim”). We recognized that although this practice
is often used to help
pro se petitioners, it could also
harm them.
Id., at ___ (slip op., at 4–5). Because of
these competing considerations, we reasoned that the warning would
“help the
pro se litigant understand … whether he should
withdraw or amend his motion [and] whether he should
contest the recharacterization,”
id., at ___
(slip op., at 8) (emphasis in original).
Castro, then, did
not address the question whether a district court is required to
explain to a
pro se litigant his options before a
voluntary dismissal and its reasoning sheds no light on
the question we confront.
Therefore, we hold that district courts are
not required to give the particular advisements required by the
Ninth Circuit before dismissing a
pro se petitioner’s
mixed habeas petition under
Rose. We remand the case for
further proceedings given the Court of Appeals’ concern that
respondent had been affirmatively misled quite apart from the
District Court’s failure to give the two warnings.
For the foregoing reasons, the judgment of the
Court of Appeals is vacated, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
Footnote 1
Finding it impossible to put respondent in
the position he had occupied prior to the District Court’s
“erroneous dismissal” of his initial petitions, the Ninth Circuit
concluded that Federal Rule of Civil Procedure 15(c)’s amendment
procedures apply to “ensure that [respondent’s] rights are not
unduly prejudiced as a result of the district court’s errors.” 330
F. 3d, at 1102. Accordingly, it held that “a
pro se
habeas petitioner who files a mixed petition that is improperly
dismissed by the district court, and who then … returns to state
court to exhaust his unexhausted claims and subsequently re-files a
second petition without unreasonable delay,” may have his second
petition relate back to the initial timely petition.
Ibid.
As explained above, we need not address whether the Ninth Circuit’s
decision on this ground was correct.
Footnote 2
There is one circumstance where nonindigent
petitioners must furnish the court with portions of the record. See
28 U. S. C. §2254(f) (“If the applicant challenges the
sufficiency of the evidence … to support the State court’s
determination of a factual issue … the applicant, if able, shall
produce that part of the record pertinent to a determination of the
sufficiency of the evidence”; “[i]f the applicant, because of
indigency or other reason is unable to produce such part of the
record,” a court must direct the State to produce it).
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