William Orval Gibbons v. Director, Nevada Department of Prisons the Attorney General of the State of Nevada

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Orval GIBBONS, Petitioner-Appellant, v. DIRECTOR, NEVADA DEPARTMENT OF PRISONS; the Attorney General of the State of Nevada, Respondents-Appellees. No. 94-15903. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided March 1, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 William Orval Gibbons, a Nevada state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. He contends the district court erred when it dismissed his petition without prejudice for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . After accepting the district court's factual findings unless clearly erroneous and reviewing its conclusions of law de novo, Jones v. Meyer, 899 F.2d 883, 884 (9th Cir.), cert. denied, 498 U.S. 832 (1990), we affirm. 3 In order to decide this appeal, we must determine whether the…