Donald Keith Foster v. James A. Thomas

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Keith FOSTER, Petitioner-Appellant, v. James A. THOMAS, Respondent-Appellee. No. 91-16253. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 4, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Donald Keith Foster, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. 3 In his federal petition, Foster raised three claims, which he raised in a petition for special action in the Arizona Supreme Court. The district court dismissed the federal habeas petition without prejudice to give Foster an opportunity to file a conviction for post-conviction relief in Arizona state court to exhaust…