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BROWN v. MAASS

No. 92-36906.

11 F.3d 914 (1993)

Kenneth William BROWN, Jr., Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1993.

Attorney(s) appearing for the Case

Christopher J. Schatz, Asst. Federal Public Defender, Portland, OR, for petitioner-appellant.

Ann Kelley, Asst. Atty. Gen., Salem, OR, and David Lynn Larsen, Dept. of Justice Admin., Salem, OR, for respondent-appellee.

Before: REINHARDT, BRUNETTI and FERNANDEZ, Circuit Judges.

PER CURIAM:

Kenneth William Brown, an Oregon state prisoner, appeals the dismissal of his federal petition for a writ of habeas corpus. The district court dismissed Brown's petition because he had procedurally defaulted on his state court remedies by failing to present his federal claims to the Oregon Supreme Court for review. We reverse.

Brown filed his federal habeas petition on January 24, 1990. As of that date, he had not exhausted his state remedies....

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