Juan Ayala Sanchez v. Larry Scribner

MEMORANDUM

Petitioner Juan Carlos Ayala-Sanchez (Sanchez) challenges the district court’s dismissal of his federal habeas petition for failure to exhaust state remedies. Citing In re Wessley W., 125 Cal.App.3d 240 , 181 Cal.Rptr. 401 (1981), as modified, In re Swain, 34 Cal.2d 300 , 209 P.2d 793 (1949), and People v. Duvall, 9 Cal.4th 464 , 37 Cal.Rptr.2d 259 , 886 P.2d 1252 (1995), the California Supreme Court denied Sanchez’s state habeas petition as procedurally deficient. After independently reviewing Sanchez’s state petition, we conclude that the petition was procedurally deficient under California law, as Sanchez failed to allege his claims with the requisite particularity, failed to attach reasonably available documents, and failed to adequately allege that he was in custody. See In re Swain, 34 Cal.2d at 304 , 209 P.2d 793 ; Duvall, 9 Cal.4th at 474 , 37 Cal.Rptr.2d 259 , 886 P.2d 1252 ; In re Wessley W., 125 Cal. App.3d 240 , 181 Cal.Rptr. at 403-04 .

Because Sanchez’s state habeas petition was procedurally deficient, the district court properly dismissed Sanchez’s federal habeas petition for failure to exhaust state remedies. See Harris v. Superior Ct., 500 F.2d 1124 ,…