Donald Emil Dawson v. R. Borg, Warden

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Emil DAWSON, Petitioner-Appellant, v. R. BORG, Warden, et al., Respondents-Appellees. No. 92-55083. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided March 5, 1993. Appeal from the United States District Court for the Central District of California; No. SA CV 90-669-AHS, Alicemarie H. Stotler, District Judge, Presiding. C.D.Cal. REMANDED WITH DIRECTIONS TO VACATE AND DISMISS. Before JAMES R. BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Donald Emil Dawson appeals the denial of his 28 U.S.C. § 2254 (1988) habeas corpus petition. Because Dawson raises a new argument on appeal, we remand with directions to vacate and dismiss the petition for failure to exhaust. 3 Dawson shot and killed his ex-wife Dona Dawson on September 15, 1984. The following evidence was adduced at trial. He told a neighbor that he "had to do it." Dona's companion, Robert…