Ali Nejad v. Warden

Filing

Opinion issued by court as to Appellant Warden. Decision: Vacated and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-10466

Date Filed: 09/16/2015

Page: 1 of 3

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-10466
Non-Argument Calendar
________________________
D.C. Docket No. 1:12-cv-01502-TWT

ALI NEJAD,
Petitioner - Appellee,
versus
ATTORNEY GENERAL OF THE STATE OF GEORGIA,
Respondent,
WARDEN,
Respondent - Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(September 16, 2015)

Case: 15-10466

Date Filed: 09/16/2015

Page: 2 of 3

Before MARCUS, WILLIAM PRYOR and JILL PRYOR, Circuit Judges.
PER CURIAM:
The State of Georgia appeals the district court’s grant of Ali Nejad’s petition
for a writ of habeas corpus, which he filed pursuant to 28 U.S.C. § 2254. The
district court granted relief on the ground that Mr. Nejad’s trial counsel rendered
ineffective assistance but did not rule on two other grounds Mr. Nejad raised in his
petition.
District judges must resolve all of a habeas petitioner’s claims for relief,
regardless of whether relief is granted or denied. Clisby v. Jones, 960 F.2d 925,
935-36 (11th Cir. 1992) (en banc); see also Puiatti v. McNeil, 626 F.3d 1283, 1307
(11th Cir. 2010) (applying Clisby to vacate a district court’s order granting relief
on one ground and deeming all other grounds moot). When a district judge fails to
address all of a petitioner’s claims, we “will vacate the . . . judgment without
prejudice and remand the case for consideration of all remaining claims.” Clisby,
960 F.2d at 938.
Mr. Nejad asserted three claims for relief in his petition: (1) the trial court
erroneously charged the jury that a pellet gun was per se a deadly weapon; (2) a
juror failed to disclose that she was a rape victim; and (3) trial counsel rendered
ineffective assistance by denying him the choice of whether to testify. A
magistrate judge recommended that the district court deny all three claims. The
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Case: 15-10466

Date Filed: 09/16/2015

Page: 3 of 3

district court declined to adopt the magistrate judge’s recommendation, concluding
that habeas relief (a new trial) was warranted based on Mr. Nejad’s ineffective
assistance claim. The court did not, however, address the magistrate judge’s
disposition of his other two claims.
Because the court did not resolve all three claims, Clisby dictates that we
vacate without prejudice the judgment of the district court and remand the case for
consideration of Mr. Nejad’s remaining claims for relief. 1
VACATED AND REMANDED.

1

We accordingly do not address the State’s arguments regarding the district court’s
disposition of Mr. Nejad’s ineffective assistance claim.
3