Olonzie Clemman, Jr. v. Board of Parole & Post-Prisonsupervision

MEMORANDUM

Olonzie Clemman, Jr., (“Petitioner”) appeals from the district court’s dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We sua sponte grant a certificate of appealability on the issues raised by Petitioner on appeal. See Hayward v. Marshall, 603 F.3d 546, 554-55 (9th Cir.2010) (en banc). However, we affirm the district court’s decision.

The district court erred in holding that Petitioner had failed to fairly present his federal claims to the Oregon Supreme Court. Petitioner was seeking review of the Oregon Court of Appeals’ dismissal of his judicial-review proceedings on procedural grounds. To the extent Petitioner was required to inform the Oregon Supreme Court of his federal claims, Petitioner sufficiently did so by identifying his federal claims and providing the factual and legal bases for his claims in his Petition for Review. See Scott v. Schriro, 567 F.3d 573, 582 (9th Cir.2009) (per curiam) (expressing doubt whether federal claims needed to be presented in an appendix where the petitioner was seeking review of the post-conviction court’s denial of petitioner’s leave to file an amended complaint containing the federal claims);…