Unpublished Disposition, 878 F.2d 1439 (9th Cir. 1989)
Annotate this CaseFrank Marvin PHILLIPS, Jr., Petitioner-Appellant,v.Manfred MAASS, Superintendent, Oregon State Penitentiary,Respondent-Appellee.
No. 88-4218.
United States Court of Appeals, Ninth Circuit.
Submitted* June 29, 1989.Decided June 30, 1989.
Before FERGUSON, BRUNETTI and O'SCANNLAIN, Circuit Judges.
ORDER
Petitioner Frank Marvin Phillips, Jr. appeals the district court's dismissal of his petition for writ of habeas corpus on the ground that the district court erroneously found that he failed to exhaust state remedies on all claims raised in his petition. The Attorney General of Oregon now concedes that Phillips did in fact exhaust state remedies on all claims set forth in his petition and urges this court to reverse and remand. Given the parties' unanimity regarding the sole issue on appeal, we reverse the district court judgment and remand for further proceedings.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
