Melvin James Atkinson v. James C. Spaulding, Director, the Idaho Department of Corrections

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Melvin James ATKINSON, Petitioner-Appellant, v. James C. SPAULDING, Director, The Idaho Department of Corrections, Respondent-Appellee. No. 95-35738. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 20, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Idaho prisoner Melvin James Atkinson appeals pro se the district court's dismissal for failure to exhaust state remedies of his habeas corpus petition brought under 28 U.S.C. § 2254 . Atkinson contends that he exhausted his federal claim. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253. We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and vacate and remand. 3 A petitioner satisfies the exhaustion requirement if he fairly presents his habeas claims to the state's highest court, or shows that no state remedy remains available. Picard v. Conner, 404 U.S. 270,…