DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

091415P.pdf   08/13/2010  Tyrone White  v.  Lynn Dingle
   U.S. Court of Appeals Case No:  09-1415
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Wollman, Author, with John R. Gibson and Shepherd,
   Circuit Judges]
   Habeas Case - procedural default. An amended habeas petition does not
   relate back to the date of an original petition that was dismissed without
   prejudice for failure to exhaust state remedies. Because White has
   diligently pursued his rights and demonstrated an extraordinary
   circumstance warranting equitable relief based on this court's failure to
   remand his original petition for consideration of the exhausted claims,
   White is entitled to equitable tolling. Case is remanded with instructions
   to allow White to amend his petition and proceed with exhausted claims.