Larry Pratt v. Eddie Ylst, Warden Attorney General of the State of California

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry PRATT, Petitioner-Appellant, v. Eddie YLST, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-16139. 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 California state prisoner Larry Pratt appeals pro se the district court's denial of his habeas corpus petition. 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 for failure to exhaust state remedies. 3 A petitioner satisfies the exhaustion requirement if he fairly presents his habeas claims to the state's highest court. Picard v. Conner, 404 U.S. 270, 275 (1971); see also Duncan v. Henry, 115 S.Ct. 887, 888 (1995). A claim is fairly presented if the petitioner has described the operative facts and legal…