Matthews v. Sullivan
Matthews v. Sullivan
Opinion of the Court
MEMORANDUM
James William Matthews, a California state prisoner, appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we reverse and remand.
Matthews successfully contends, and the state concedes, that the district court erred by dismissing his mixed § 2254 peti
Accordingly, we reverse the district court’s judgment dismissing Matthews’ habeas petition and remand so that Matthews may be provided with an opportunity to exercise his options under Bose.
Appellant’s uncertified issues in his opening brief are construed as a motion to broaden the certificate of appealability. See 9th Cir. R. 22-l(e). We deny the motion.
REVERSED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.