Astarte Davis-Rice v. Paul Copenhaver, No. 08-15968 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 29 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ASTARTE DAVIS-RICE, Petitioner - Appellant, No. 08-15968 D.C. No. 3:07-cv-05972-MMC v. MEMORANDUM * PAUL COPENHAVER, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding Submitted October 19, 2010 ** Before: O SCANNLAIN, TALLMAN, and BEA, Circuit Judges. Federal prisoner Astarte Davis-Rice appeals pro se from the district court s judgment dismissing her 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we remand to the district court for reconsideration. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 duplicative of a previously filed action. In her petition, Davis-Rice conceded that she previously raised this claim. However, the 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. 2 08-15968
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