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Davis-Rice v. Copenhaver

United States Court of Appeals, Ninth Circuit
Oct 29, 2010
402 F. App'x 202 (9th Cir. 2010)

Opinion

No. 08-15968.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 29, 2010.

Astarte Davis-Rice, San Bruno, CA, pro se.

Appeal from the United States District Court for the Northern District of California, Maxine M. Chesney, District Judge, Presiding. D.C. No. 3:07-cv-O5972-MMC.

Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Federal prisoner Astarte Davis-Rice appeals pro se from the district court's judgment dismissing her 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we remand to the district court for reconsideration.

Davis-Rice contends that the Bureau of Prisons failed to give her credit for time spent in custody prior to sentencing. The district court dismissed her petition as duplicative of a previously filed action. In her petition, Davis-Rice conceded that she previously raised this claim. However, the district court previously dismissed the claims as unexhausted, and Davis-Rice alleged in her petition that the claims are now exhausted. We remand to the district court for reconsideration because the order did not address Davis-Rice's allegation that her previously dismissed claims are now exhausted.

REMANDED.


Summaries of

Davis-Rice v. Copenhaver

United States Court of Appeals, Ninth Circuit
Oct 29, 2010
402 F. App'x 202 (9th Cir. 2010)
Case details for

Davis-Rice v. Copenhaver

Case Details

Full title:Astarte DAVIS-RICE, Petitioner-Appellant, v. Paul COPENHAVER, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 29, 2010

Citations

402 F. App'x 202 (9th Cir. 2010)