Samar Akins v. Michael L. Kenney, Warden of the Nebraska State Penitentiary

HANSEN, Circuit Judge.

Samar Akins, a Nebraska inmate, appeals the dismissal of his amended petition for a writ of habeas corpus, 28 U.S.C. § 2254 (2000), for failure to exhaust state court remedies. See O’Sullivan v. Boerckel, 526 U.S. 838, 845, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999) (requiring inmates to exhaust state judicial remedies by invoking one complete round of the state’s established ordinary appellate review procedures). We affirm the judgment of the district court in part, and we reverse and remand in part.

I

In January 1999, a Nebraska state court jury convicted Akins of robbery,…