Opinion
No. 17-15862
05-28-2019
COLBERT F. NICHOLS, Petitioner-Appellant, v. ISIDRO BACA, Warden; ATTORNEY GENERAL FOR THE STATE OF NEVADA, Respondents-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:13-cv-00671-MMD-WGC MEMORANDUM Appeal from the United States District Court for the District of Nevada
Miranda M. Du, District Judge, Presiding Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Nevada state prisoner Colbert F. Nichols appeals from the district court's judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253, and we vacate and remand.
Nichols contends, and the state concedes, that the district court erred by adjudicating his claims on the merits without first requiring the state to submit all relevant portions of the state court records, including trial transcripts. In light of Nasby v. McDaniel, 853 F.3d 1049, 1053-54 (9th Cir. 2017), which was decided after the district court's decision in this case, we agree that remand is required. On remand, the district court should reconsider its rulings on all claims, including its procedural rulings regarding exhaustion, after a full and complete review of the relevant state court record.
In light of the complexity of the issues involved and counsel's familiarity with this case, the Federal Public Defender's Office of the District of Nevada is requested to continue to represent Nichols until the conclusion of these section 2254 proceedings.
Appellant's motion to remand is denied as moot.
VACATED and REMANDED with instructions.