Jennifer Henderson v. Deborah K. Johnson, Warden

FILED

NOT FOR PUBLICATION DEC 13 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JENNIFER LYNN HENDERSON, No. 11-55249

Petitioner - Appellant, D.C. No. 8:11-cv-00128-PSG-RZ v.

DEBORAH K. JOHNSON, Warden, MEMORANDUM *

Respondent - Appellee.

Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding

Argued and Submitted November 8, 2012 Pasadena, California

Before: BRIGHT,** GRABER, and IKUTA, Circuit Judges.

Jennifer Lynn Henderson, who is currently serving two consecutive life

sentences without the possibility of parole, appeals from the district court’s

summary dismissal of her habeas petition for failure to exhaust state remedies. We

conclude that the district court erred in dismissing Henderson’s petition without

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Myron H. Bright, Senior Circuit Judge for the United States Court of Appeals for the Eighth…