Colbert F. Nichols v. ISIDRO BACA, Warden; ATTORNEY GENERAL FOR THE STATE OF NEVADA

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
COLBERT F. NICHOLS,
Petitioner-Appellant,
v.
ISIDRO BACA, Warden; ATTORNEY
GENERAL FOR THE STATE OF
NEVADA,
Respondents-Appellees.
No. 17-15862
D.C. No.
3:13-cv-00671-MMD-WGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Nevada state prisoner Colbert F. Nichols appeals from the district court’s
judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have
jurisdiction under 28 U.S.C. § 2253, and we vacate and remand.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 28 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-15862
Nichols contends, and the state concedes, that the district court erred by
adjudicating his claims on the merits without first requiring the state to submit all
relevant portions of the state court records, including trial transcripts. In light of
Nasby v. McDaniel, 853 F.3d 1049, 1053-54 (9th Cir. 2017), which was decided
after the district court's decision in this case, we agree that remand is required. On
remand, the district court should reconsider its rulings on all claims, including its
procedural rulings regarding exhaustion, after a full and complete review of the
relevant state court record.
In light of the complexity of the issues involved and counsel’s familiarity
with this case, the Federal Public Defender’s Office of the District of Nevada is
requested to continue to represent Nichols until the conclusion of these section
2254 proceedings.
Appellant’s motion to remand is denied as moot.
VACATED and REMANDED with instructions.

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