Clive Wellington Kinlock, Petitioner-appellant, v. State of Montana, Respondent-appellee, 56 F.3d 71 (9th Cir. 1995)Annotate this Case
Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges.
Clive Wellington Kinlock, a Montana state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition for failure to exhaust his state remedies. The district court lacked jurisdiction because Kinlock failed to name his immediate custodian as a respondent. See Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Accordingly, we vacate the district court's order denying Kinlock's Sec. 2254 petition and remand with instructions to dismiss for lack of jurisdiction unless Kinlock can timely amend his petition on remand to name the proper respondent. See id.
VACATED AND REMANDED.