Lemrick Thomas v. Richard H. Rison

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lemrick THOMAS, Petitioner-Appellant, v. Richard H. RISON, Respondent-Appellee. No. 90-56163. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1991. * Decided Aug. 21, 1991. 1 Before REINHARDT and FERNANDEZ, Circuit Judges, and CROCKER, ** District Judge. 2 MEMORANDUM *** 3 Thomas appeals from an order dismissing his petition for writ of habeas corpus for failure to exhaust his state remedies under 28 U.S.C. § 2254 (b). Thomas is in custody pursuant to a state court judgment: he was convicted of murder in the Court of Common Pleas of Philadelphia County, Trials Division, Pennsylvania. After being transferred to an out of state federal prison, Thomas challenged the legality of his confinement by way of petition for writ of habeas corpus, invoking 28 U.S.C. § 2241 jurisdiction. Since he had previously filed a claim under state post-conviction proceedings, which was still pending, the…