Barrett

MEMORANDUM **

Royce Barrett, a former state prisoner, appeals the district court’s denial of his motion for relief from a judgment dismissing his 28 U.S.C. § 2254 habeas petition. We REVERSE.

On June 3, 1997, Barrett filed a timely habeas petition. On January 9, 1998, a magistrate judge issued an order granting Barrett, who was then proceeding pro se, thirty days to amend his petition to strike unexhausted claims. Because of an error on the part of the clerk’s office, Barrett did not receive the order within the thirty-day period. Unaware that Barrett had not yet received the order, on March 17, 1998, the magistrate recommended that Barrett’s petition be dismissed. The findings and recommendations were mailed to Barrett’s former address as the result of another error on the part of the clerk’s office. On May 7, 1998, the clerk’s office mailed the then-expired January 9, 1998 order, along with the March 17,1998 findings and recommendations, to Barrett’s current address. Barrett did not contact the district court upon receipt of the documents.

On June 26, 1998, the district court adopted the magistrate’s findings and recommendations, and dismissed Barrett’s petition without…