Mack Charles Thomas v. James A. Thomas

985 F.2d 574 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mack Charles THOMAS, Petitioner-Appellant, v. James A. THOMAS, et al., Respondents-Appellees. No. 92-16453. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 2, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Mack Charles Thomas, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. Thomas was convicted for theft and trafficking in stolen property. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We reverse and remand. Jurisdiction 3 Respondent contends that this court has no jurisdiction to consider Thomas's appeal because he did not file a timely notice of appeal from the district court's order of June 25, 1992, dismissing Thomas's petition without prejudice for failure to exhaust state…