Court of Appeals for the Ninth Circuit August 20, 2004, No. 03-35281 (Reyes v. Craven)

MEMORANDUM *

Rosario Reyes, an Idaho state prisoner, appeals the judgment of the district court, dismissing his petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we reverse. The district court’s dismissal of a habeas petition for failure to exhaust is reviewed de novo.