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FRANCIS v. RISON

No. 89-55009.

894 F.2d 353 (1990)

Rondal R. FRANCIS, Petitioner-Appellant, v. R.H. RISON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1990.

Attorney(s) appearing for the Case

Rondal Ray Francis, Petersburg, Va., pro se.

Robert C. Bonner, U.S. Atty., Frederick M. Brosio, Jr., Asst. U.S. Atty., and Bonnie E. MacNaughton, Asst. U.S. Atty., Los Angeles, Cal., for respondent-appellee.

Before SKOPIL, FLETCHER and FERNANDEZ, Circuit Judges.

SKOPIL, Circuit Judge:

Rondal Ray Francis, a federal prisoner, appeals the denial of his pro se petition for writ of habeas corpus. The district court dismissed Francis' petition because it determined that Francis failed to exhaust available administrative remedies. The court did so without a hearing and without considering Francis' excuses for failing to exhaust. We vacate and remand for further proceedings.

I.

Francis filed this petition challenging...

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