Dearing

MEMORANDUM **

Nevada State prisoner Charles William Dearing appeals the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his first murder conviction and sentence of life without possibility of parole. Dearing also appeals the district court’s denial of his Motion for Reconsideration of its decision to dismiss the petition. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We reverse and remand.

We review de novo the district court’s dismissal of Dearing’s habeas corpus petition on procedural grounds. James v. Pliler, 269 F.3d 1124, 1125 (9th Cir.2001). We review for an abuse of discretion the district court’s denial of his motion for reconsideration. Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877 , 883 (9th Cir.2000).

Given the protracted procedural history below, culminating in a dismissal which, although without prejudice, effectively precludes Dearing from further access to federal habeas relief on any of his claims, we conclude that the district court should have granted Dearing’s unopposed motion for reconsideration and his request to amend his petition to include only exhausted claims. See…