concurring.
I concur in the result the majority reaches and agree that the district court *625erred in failing to follow the procedures set forth in Jefferson v. Budge, 419 F.3d 1013 (9th Cir.2005). I disagree with the majority to the extent that it holds the district court properly found three of King’s claims to be unexhausted. Thus, on remand I would require the district court to review claims five, six and seven on the merits.