Cannon

MEMORANDUM ***

Tyrrall Cannon appeals the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 habeas petition. This court granted a certificate of appealability as to only one issue: whether the district court properly dismissed Cannon’s petition as unexhausted because Cannon had a petition for writ of habeas corpus pending in the California Supreme Court. 1 In dis *618 missing Cannon’s habeas petition, the district court, citing Rose v. Lundy, 455 U.S. 509, 522 , 102 S.Ct. 1198 , 71 L.Ed.2d 379 (1982), noted that it was required to dismiss mixed petitions. Since the district court’s ruling, the Supreme Court has decided Rhines v. Weber, 544 U.S. 269 , 125 S.Ct. 1528 , 161 L.Ed.2d 440 (2005), in which it held that district courts have the discretion to stay and hold in abeyance, rather than dismiss, a mixed habeas petition in “limited circumstances” where the petitioner establishes “good cause for [his] failure to exhaust his claims first in state court.” Id. at 1535. Accordingly, we vacate the district court’s dismissal and remand the habeas petition for reconsideration in light of Rhines v. Weber. See Jackson v. Roe, 425 F.3d 654, 655 (9th Cir.2005). If the…