James Emerald Mathers v. Ron Angelone, Warden

56 F.3d 72 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Emerald MATHERS, Petitioner-Appellant, v. Ron ANGELONE, Warden, Respondent-Appellee. No. 94-16720. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 19, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 James Emerald Mathers, a Nevada state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Mathers pleaded guilty to attempting to obtain money under false pretenses. The trial court determined that Mathers was a habitual criminal and sentenced Mathers to a twenty-year term of imprisonment. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir. 1994), and vacate and remand. 3 A state prisoner must exhaust all available state remedies before a federal court may consider the merits of his habeas corpus petition. See 28 U.S.C. Sec. 2254 (b); Rose…