Oscar Grant v. Robert Borg

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Oscar GRANT, Petitioner-Appellant, v. Robert BORG, et al., Respondent-Appellee. No. 93-15032. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 2, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Oscar Grant appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court found that Grant had procedurally defaulted on his first two claims and that his third claim was without merit. We conclude that Grant has failed to exhaust his state remedies on his first two claims. Therefore, Grant's petition should have been dismissed without prejudice as a mixed petition of exhausted and unexhausted claims. 3 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , 2253. We review de novo a district court's decision on a petition for writ of habeas corpus. Adams v.…