Lausteveion Johnson v. Dwight Neven

MEMORANDUM

Lausteveion Delano Johnson appeals the district court’s judgment denying his petition for habeas relief under 28 U.S.C. § 2254 . The district court dismissed Johnson’s petition for failure to exhaust, concluding that Johnson’s state habeas petition and his untimely appeal of the denial of that petition, among other attempts at securing post-conviction relief, did not “fairly present” his claims to the Nevada state courts, and therefore that he still had a state remedy available to him. We conclude that the district court erred with respect to Grounds One, Two, and Four, and reverse and remand for further proceedings.

“A petitioner fully and fairly presents a claim to the state courts if he presents the claim (1) to the correct forum; (2) through the proper vehicle; and (3) by providing the factual and legal basis for the claim.” Scott v. Schriro, 567 F.3d 573, 582 (9th Cir.2009) (internal citations omitted). Johnson presented Grounds One, Two, and Four of his amended federal habeas petition to the Nevada courts, through a habe-as petition, the proper vehicle, filed in state district court which he untimely appealed to the Nevada Supreme Court, the proper forum. The…