Legal Opinion

Hobbs v. McDaniel

Court of Appeals for the Ninth Circuit

Decided May 19, 2003No. 99-15854; D.C. No. CV-98-00351-HDMPublished

1Opinion of the Court

MEMORANDUM**

Nevada state prisoner Benjamin R. Hobbs appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition, which challenges his conviction and life sentence for coercion, sexual assault, and battery with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253(a). Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we reverse and remand.

The district court determined that Hobbs’s federal petition is not exhausted. However, Hobbs raised the claims he now seeks to raise in a petition for an original *400grant of habeas corpus from the…

2Cases cited3 opinions

  1. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  2. William B. Greene v. John LambertCourt of Appeals for the Ninth Circuit · 2002
  3. Bruce Wade Blair v. Jacqueline CrawfordCourt of Appeals for the Ninth Circuit · 2002

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