Luis Arturo Martinez-Garcia v. Meg Savage, Warden Attorney General for the State of Arizona

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Luis Arturo MARTINEZ-GARCIA, Petitioner-Appellant, v. Meg SAVAGE, Warden; Attorney General for the State of Arizona, Respondents-Appellees. No. 96-15168. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Luis Arturo Martinez-Garcia, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition challenging his state court conviction. The district court dismissed the petition on the ground that it included certain claims that Martinez-Garcia did not exhaust in state court. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253 , and we reverse and remand. 3 Appellant contends, in so many words, that the district court erred in dismissing his habeas petition for failure to exhaust because the Arizona courts have ruled that he was…