Tony Ray Hines v. George Sumner, Director

942 F.2d 791 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tony Ray HINES, Petitioner-Appellant, v. George SUMNER, Director, Respondent-Appellee. No. 90-15729. United States Court of Appeals, Ninth Circuit. Submitted June 13, 1991. * Decided Aug. 26, 1991. Before HUG, SCHROEDER and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Tony Ray Hines, a Nevada state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. DISCUSSION 3 The district court, adopting the recommendations of the federal magistrate, ruled that Hines had failed to exhaust his state remedies as to one issue, and that the other six issues lacked merit. As a general rule, a district court is required to dismiss the entire petition without prejudice even if only one of numerous claims is unexhausted. Rose v. Lundy, 455 U.S. 509, 522 (1982). Because the State did not raise Hines' failure to…