Bowie v. Franklin

ORDER AND JUDGMENT *

CARLOS F. LUCERO, Circuit Judge.

Benito Bowie, a state prisoner appearing pro se, seeks a certificate of appealability (“COA”) to appeal the denial of his habeas petition. Although we agree with the district court that Bowie failed to exhaust available state remedies, we conclude that the record is ambiguous as to whether Bowie has asserted a potentially meritorious claim. Exercising jurisdiction under 28 U.S.C. § 1291, we grant a COA, reverse, and remand to allow the district court to dismiss without prejudice.

I

According to Bowie’s petition, he was convicted of first…