James Morris Silas v. Theo White, Warden

15 F.3d 1089 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Morris SILAS, Petitioner-Appellant, v. Theo WHITE, Warden, Respondent-Appellee. No. 92-55853. United States Court of Appeals, Ninth Circuit. Submitted Nov. 8, 1993. * Decided Jan. 28, 1994. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Silas appeals pro se the district court's dismissal of his petition for writ of habeas corpus. The district court denied Silas' petition and dismissed the action without prejudice, adopting the findings, conclusions and recommendations of the United States Magistrate Judge. The magistrate judge recommended that the petition be denied and action dismissed without prejudice based on Silas' failure to exhaust his state court remedies as to some of the claims brought. 3 In response to the magistrate judge's report and recommendation, Silas filed a response on August 5, 1992, which stated that he had read the report and recommendation of the magistrate…