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Herbert Espey, a Florida prisoner, filed a habeas corpus petition in federal district court alleging six grounds for relief. The district court dismissed the petition without prejudice because one of the claims (of insanity) was unexhausted in state court, making it a mixed petition. Espey had filed motions to strike the unexhausted claim. The appellate court found the district court abused its discretion by not allowing Espey to amend his petition by striking the unexhausted claim, as the rules allow for l

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