Astarte Davis-Rice v. Paul Copenhaver
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.
Reference
- Full Case Name
- Astarte DAVIS-RICE, Petitioner—Appellant, v. Paul COPENHAVER, Warden, Respondent—Appellee
- Status
- Unpublished