Tyrone Jackson v. Robert Borg, Warden Attorney General of California

992 F.2d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tyrone JACKSON, Petitioner-Appellant, v. Robert BORG, Warden; Attorney General of California, Respondents-Appellees. No. 92-56024. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 4, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Tyrone Jackson, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court summarily dismissed the petition for failure to exhaust state remedies. We have jurisdiction under 28 U.S.C. § 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We vacate the district court's judgment and remand for further proceedings. 3 A district court may summarily dismiss a habeas petition without requiring an answer from the respondents only if it plainly appears from the face of the petition, and any exhibits…