Theodore C. Kulas v. Howard Hantman, Hon. The Attorney General of the State of Arizona

29 F.3d 632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theodore C. KULAS, Petitioner-Appellant, v. Howard HANTMAN, Hon.; the Attorney General of the State of Arizona, Respondents-Appellees. No. 93-16779. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 16, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Theodore C. Kulas, an Arizona state prisoner appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition for failure to exhaust state remedies. Kulas was convicted by the Arizona Superior Court for various narcotics offenses on September 2, 1993. We review de novo, Henry v. Estelle, 993 F.2d 1423, 1425 (9th Cir.1993), and vacate and remand with instructions to dismiss for lack of jurisdiction. 3 A habeas petitioner must name the state officer having custody of the petitioner as the respondent in his 28 U.S.C. Sec. 2254 petition. Rule 2(a), Rules Governing Section 2254…