MacArthur Smith, AKA Lou Boyer v. John Ignacio, Warden

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Macarthur SMITH, aka Lou Boyer, Petitioner-Appellant, v. John IGNACIO, Warden, Respondent-Appellee. No. 95-15711. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Nevada state prisoner MacArthur Smith, aka Lou Boyer, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. He contends the district court erred when it denied his claims as procedurally barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo. Howard v. Lewis, 905 F.2d 1318, 1322 (9th Cir.1990). We vacate and remand. A. Background 3 After pleading guilty to the first degree murder of his brother, Smith was sentenced on September 11, 1985 to life in prison with the possibility of parole. He did not appeal his conviction or sentence. 4 On December 11, 1985, Smith filed a state habeas…