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No. 8621305
United States Court of Appeals for the Ninth Circuit
Qazza v. Wagner
No. 8621305 · Decided May 19, 2006
No. 8621305·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 19, 2006
Citation
No. 8621305
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** California state prisoner Suleiman Abd Maged Qazza appeals from the district *746 court’s judgment dismissing his 28 U.S.C. § 2254 petition for containing unexhausted claims. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Qazza contends that the district court incorrectly dismissed his petition as containing unexhausted claims because it incorrectly determined that he failed to respond to its order to show cause. We agree. A review of the record reveals that, prior to the district court’s order dismissing his petition, Qazza did in fact submit evidence to establish that he had exhausted all of the claims. We therefore vacate the judgment and remand to the district court for further proceedings. 1 VACATED and REMANDED. 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. . All pending motions are denied as moot.
Plain English Summary
MEMORANDUM ** California state prisoner Suleiman Abd Maged Qazza appeals from the district *746 court’s judgment dismissing his 28 U.S.C.
Key Points
01MEMORANDUM ** California state prisoner Suleiman Abd Maged Qazza appeals from the district *746 court’s judgment dismissing his 28 U.S.C.
02Qazza contends that the district court incorrectly dismissed his petition as containing unexhausted claims because it incorrectly determined that he failed to respond to its order to show cause.
03A review of the record reveals that, prior to the district court’s order dismissing his petition, Qazza did in fact submit evidence to establish that he had exhausted all of the claims.
04We therefore vacate the judgment and remand to the district court for further proceedings.
Frequently Asked Questions
MEMORANDUM ** California state prisoner Suleiman Abd Maged Qazza appeals from the district *746 court’s judgment dismissing his 28 U.S.C.
FlawCheck shows no negative treatment for Qazza v. Wagner in the current circuit citation data.
This case was decided on May 19, 2006.
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