Ross R. McCracken v. Gail Frank, Superintendent of Corrections in Fairbanks

985 F.2d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ross R. MCCRACKEN, Petitioner-Appellant, v. Gail FRANK, Superintendent of Corrections in Fairbanks, Respondent-Appellee. No. 92-35318. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Jan. 29, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ross R. McCracken, an Alaska state prisoner, appeals the district court's dismissal of his petition for habeas corpus relief. McCracken contends that the district court erred in determining that he failed to present his federal equal protection claim to the Alaska state courts. 3 This court reviews a district court's denial of habeas corpus relief de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we reverse and remand. 4 A state prisoner must exhaust all available state court remedies before a federal court may consider granting…