U.S. Court of Appeals for the Ninth Circuit, 2010

Astarte Davis-Rice v. Paul Copenhaver

Astarte Davis-Rice v. Paul Copenhaver
U.S. Court of Appeals for the Ninth Circuit · Decided October 29, 2010 · O'Scannlain, Tallman, Bea
402 F. App'x 202

Astarte Davis-Rice v. Paul Copenhaver

Opinion

MEMORANDUM **

Federal prisoner Astarte Davis-Rice appeals pro se from the district court’s judgment dismissing her 28 U.S.C. § 2241 ha-beas 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 du-plicative of a previously filed action. In her petition, Davis-Rice conceded that she previously raised this claim. However, the *203 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.

**

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

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