holding that a petition for habeas corpus should not be 15 dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded 16 were such leave granted
How later courts described this case
- holding that a petition for habeas corpus should not be 15 dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded 16 were such leave granted
- holding “a petition for habeas corpus should not be 16 dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded 17 were such leave granted”
- holding a habeas petition should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave granted
- “It may be 10 | that [the petitioner’s] conclusory averments cannot be factually supported, but a petition for writ 11 | of habeas corpus should not be dismissed without leave to amend unless it appears that no 12 | tenable claim for relief can be pleaded were such leave granted.”
Written by the judges who cited it.
The opinion
CHAMBERS, Circuit Judge
(concurring) :
I concur in the result. That is, I would give the petitioner an opportunity to amend his petition. A more detailed recitation of the claim might or might not show that there was a necessity to get the transcript of evidence over from the state court. Here the majority seems to say that the district court must send for the transcript.
We simply get ahead of ourselves here if we order more than leave to amend.