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What is Spaulding v. Hill: Appeal Dismissed about?
1) The petitioner, Levon Spaulding, filed a 28 U.S.C. § 2254 petition for a writ of habeas corpus in federal district court raising both exhausted and unexhausted claims. 2) The district court dismissed the petition without prejudice for failure to exhaust state remedies. Dismissals without prejudice are generally not appealable. 3) The appeals court found that Spaulding could save the action through amendment, either by exhausting all claims and refiling the petition, or by deleting unexhausted claims and
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- EN