King

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JONATHAN KING,  No. 06-55858 Petitioner-Appellant, v.  D.C. No.

CV-05-03654-JFW

STUART J. RYAN,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted March 9, 2009—Pasadena, California

Filed May 5, 2009

Before: Michael Daly Hawkins, Marsha S. Berzon and Richard R. Clifton, Circuit Judges.

Opinion by Judge Berzon COUNSEL

Fay Arfa (argued) of Fay Arfa, A Law Corporation, Los Angeles, California, for petitioner-appellant King. 5244 KING v. RYAN David Fredric Glassman (argued) and G. Tracey Letteau of the Office of the California Attorney General, Los Angeles, California, for respondent-appellee Ryan.

OPINION

BERZON, Circuit Judge:

Jonathan King appeals from the district court’s order dis- missing his petition for a writ of habeas corpus. King filed a “mixed” habeas petition in federal court — that is, one includ- ing both exhausted and unexhausted claims — just two days before the end…