Unpublished Disposition, 867 F.2d 613 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 867 F.2d 613 (9th Cir. 1988)

Donald Max MEACHAM, Petitioner/Appellant,v.B.D. GOLDSMITH, et al. Respondents-Appellees.

No. 87-15161.

United States Court of Appeals, Ninth Circuit.

Submitted*  Jan. 26, 1989.Decided Jan. 30, 1989.

Before HUG, SCHROEDER and LEAVY, Circuit Judges.


ORDER** 

Donald Max Meacham, an Arizona state prisoner, appeals pro se and in forma pauperis the dismissal of his petition for writ of habeas corpus for failure to exhaust state remedies.

Petitioner has supplied this court with a copy of the Order of Supreme Court of Arizona (No. M-88-0003, March 16, 1988) stating that petitioner has exhausted all state remedies.

It is ORDERED, therefore, that this case be remanded to the District Court of Arizona with directions to vacate the Order of dismissal (No. 87-1725-PHX-WPC) and proceed with petitioner's 28 U.S.C. § 2254 action on the merits.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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