Richard David Parker v. Joseph L. Sivley

50 F.3d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard David PARKER, Petitioner-Appellant, v. Joseph L. SIVLEY, Respondent-Appellee. No. 94-16822. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Richard David Parker, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2241 petition. He contends the district court erred when it dismissed his petition, without prejudice, for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . After reviewing de novo, Grady v. Crabtree, 958 F.2d 874, 874 (9th Cir.1992) (per curiam), we vacate and remand. 3 Before the merits of a 28 U.S.C. Sec. 2241 petition can be addressed, a federal prisoner must exhaust available administrative remedies. Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir.1986) (per curiam). This court, however,…