John Norris Hanks v. R.G. Borg, Warden, Folsom State Prison

51 F.3d 280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Norris HANKS, Petitioner-Appellant, v. R.G. BORG, Warden, Folsom State Prison, Respondent-Appellee. No. 94-15625. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 27, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 John Norris Hanks, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for first degree murder with special circumstance. The district court dismissed two of Hanks's claims without prejudice for failure to exhaust, and found Hanks's other claims to be without merit. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo a district court's denial of habeas relief. James v. Borg, 24 F.3d 20, 24 (9th Cir.), cert. denied, 115 S.Ct. 333 (1994). We vacate and remand. 3 Generally, a state prisoner must exhaust available remedies in…