Charles W. Page v. George Herman, Warden, Attorney General of the State of Arizona

942 F.2d 793 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles W. PAGE, Petitioner-Appellant, v. George HERMAN, Warden, Attorney General of the State of Arizona, Respondents-Appellees. No. 91-15406. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Aug. 30, 1991. Before BROWNING, SNEED and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Charles W. Page, an Arizona state prisoner, appeals pro se the district court's denial of his Fed.R.Civ.P. 60(b) motion to vacate the judgment in his 28 U.S.C. § 2254 petition for habeas corpus. We review for an abuse of discretion, Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989), and we vacate and remand with instructions to dismiss the petition without prejudice for failure to exhaust state remedies. 3 A state prisoner must exhaust all available state court remedies either on direct appeal or through collateral proceedings before a federal court may consider granting habeas corpus relief. 28…