Terry Michael Turner v. George W. Sumner

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry Michael TURNER, Petitioner-Appellant, v. George W. SUMNER, Respondent-Appellee. No. 93-15757. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1994. Decided Dec. 1, 1994. Before: BROWNING, TROTT, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 * The district court erred in summarily dismissing Turner's habeas corpus petitions without issuance and service of process upon the respondent. The district court may dismiss a habeas petition without calling for a response only if "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, Rules Governing Section 2254 Cases, 28 U.S.C. foll. Sec. 2254. 3 It was not clear from Turner's pleadings that he had failed to exhaust state remedies. Turner alleged exhaustion in his objections to the magistrate judge's Findings and Recommendations.…