20 F. App'x 674

Oloth INSYXIENGMAY, Petitioner-Appellant, v. Richard MORGAN, Respondent-Appellee.

No. 01-35036.

D.C. No. CV-00-05500-RJB.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 10, 2001 *.

Decided Sept. 24, 2001.

*675Before HUG, PREGERSON and WARDLAW, Circuit Judges.

MEMORANDUM **

Washington state prisoner Oloth Insyxi-engmay appeals from the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 habeas petition as unex-hausted. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo the district court’s dismissal of a § 2254 petition, see Jiminez v. Rice, 222 F.3d 1210, 1212 (9th Cir.2000), and we reverse and remand.

Our opinions in Anthony v. Cambra, 236 F.3d 568 (9th Cir.2000), and James v. Giles, 221 F.3d 1074 (9th Cir.2000), require that prisoners who file mixed petitions must be given an opportunity to strike their unexhausted claims and either amend or resubmit their petitions so as to relate back to the date of their original filing. Anthony, 236 F.3d at 573; James, 221 F.3d at 1075-78. Because the district court did not provide Insyxiengmay with such an opportunity, we reverse and remand consistent with our opinions in Anthony and James.

REVERSED and REMANDED.1

Insyxiengmay v. Morgan
20 F. App'x 674

Case Details

Name
Insyxiengmay v. Morgan
Decision Date
Sep 24, 2001
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20 F. App'x 674

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United States

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