Winston

MEMORANDUM *

Petitioner Douglas Winston appeals the summary dismissal of his petition for a writ of habeas corpus. Winston argues that the California state regulations governing parole suitability determinations violate his due process rights because they rely upon unconstitutionally vague criteria. Because the petitioner has properly alleged that he has fully exhausted his claims in state court and the vagueness allegations contained in his petition for a writ of habeas corpus are nonfrivolous in nature, we reverse the decision of the district court.

I

In order for a state petitioner to obtain federal habeas relief, he must “exhaust the remedies available in state court.” Lounsbury v. Thompson, 374 F.3d 785, 787 (9th Cir.2004) (citing 28 U.S.C. § 2254 (b)(1); Peterson v. Lampert, 319 F.3d 1153, 1155 (9th Cir.2003) (en banc)). In Winston’s petition for a writ of habeas corpus, he alleges that all the grounds he states for relief have been exhausted before California courts. The state did not contest this assertion of exhaustion before the district court, and nothing exists in the record before this court indicating that Winston did not comply with this requirement. Rule 5 of…