Leo Newton Maxwell v. George Deeds, Warden

5 F.3d 537 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leo Newton MAXWELL, Petitioner-Appellant, v. George DEEDS, Warden, et al., Respondents-Appellees. No. 92-17057. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Appeal from the United States District Court for the District of Nevada, No. CV-92-00389-PMP; Philip M. Pro, District Judge, Presiding. D.Nev. VACATED AND REMANDED. Before: PREGERSON, BRUNETTI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Leo Newton Maxwell appeals pro se the district court's dismissal of his petition for a writ of habeas corpus for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and 28 U.S.C. Sec. 2253 , and we vacate the dismissal and remand for further proceedings in district court. 3 * Maxwell was indicted under Nevada law for murder and other offenses, in connection with the death of Alma Agnis during cosmetic surgery by Maxwell, who is not a…