James H. Reed, Jr. v. Meg Savage Attorney General for the State of Arizona

86 F.3d 1163 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 H. REED, Jr., Petitioner-Appellant, v. Meg SAVAGE; Attorney General for the State of Arizona, Respondents-Appellees. No. 96-15058. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner James Herring Reed, Jr. appeals pro se the district court's summary dismissal of his 28 U.S.C. § 2254 habeas petition without prejudice for failure to exhaust state remedies. We have jurisdiction under 28 U.S.C. § 2253 , and we review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993). We vacate the district court's judgment and remand for further proceedings. 3 A district court may summarily dismiss a habeas petition without requiring an answer from the respondents only if it plainly appears from the face of the petition, and any exhibits annexed to it, that the…