Shawn Newcomb v. Jeff Premo

MEMORANDUM

Shawn Newcomb appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition challenging the revocation of his parole and denial of rere-lease. We review de novo the district court’s order denying habeas relief. Silva v. Woodford, 279 F.3d 825, 835 (9th Cir.2002). We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Petitioner contends that the district court erred by finding his claim procedurally barred for failure to exhaust his state remedies, and further contends that Oregon’s procedural rule requiring prisoners to seek administrative review of revocation orders is not “adequate” to preclude habe-as review.

Habeas petitioners exhaust state court remedies before seeking federal habeas relief when their federal claims are “fairly presented” to the state’s highest court in a procedurally appropriate manner. O'Sullivan v. Boerckel, 526 U.S. 838, 848 , 119 S.Ct. 1728 , 144 L.Ed.2d 1 (1999). If a petitioner fails to exhaust his state remedies and the state court “would now find the claims procedurally barred ... there is a procedural default for purposes of federal habeas.” Coleman v. Thompson, 501 U.S. 722 , 735 n. 1, 111 S.Ct. 2546 ,…