Jennifer Henderson v. Deborah K. Johnson, Warden

ORDER

The request to publish the unpublished memorandum disposition is GRANTED. The memorandum disposition filed December 13, 2012, is redesignated as a per curiam opinion with modifications.

OPINION

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 offering her leave to amend. We reverse and remand for the consideration of all exhausted claims.

Henderson was convicted of two counts of murder in April 2007. The convictions became final in 2009 after a California Court of Appeal affirmed the convictions and denied a petition for rehearing, and the California Supreme Court denied review. Henderson filed a habeas petition in state court in January 2011, which was later dismissed as untimely. Henderson also filed a timely federal habeas petition in January 2011, several days after her state habeas filing. Henderson’s federal petition was “mixed,” that is, it contained then-unexhausted claims raised in Henderson’s…