L.C. Cohen v. John Brush, Warden

83 F.3d 426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. L.C. COHEN, Petitioner-Appellant, v. John BRUSH, Warden, ** Respondent-Appellee. No. 95-16572. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 12, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 L.C. Cohen appeals pro se the district court's dismissal of his habeas corpus petition brought under 28 U.S.C. § 2241 . Cohen contends that the district court erred by dismissing his petition for failing to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253, and affirm. 3 We review de novo the district court's dismissal without prejudice for failure to exhaust administrative remedies. See Cooney v. Edwards, 971 F.2d 345, 346 (9th Cir.1992). 4 A federal prisoner must ordinarily exhaust administrative remedies before bringing a habeas corpus petition. See Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir.1986)…