Carl Edgar Nelson, Petitioner-Appellant-Cross-Appellee v. C. Ryan, Warden, Aspc, Respondent-Appellee-Cross-Appellant

Good Law
967 F.2d 589·1992 U.S. App. LEXIS 24394
United States Court of Appeals for the Ninth CircuitJune 2, 199291-16235California1,543 words

Opinion

Opinion

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carl Edgar NELSON, Petitioner-Appellant-Cross-Appellee, v. C. RYAN, Warden, ASPC, Respondent-Appellee-Cross-Appellant. Nos. 91-16235, 91-16237. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 2, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Carl Edgar Nelson, 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. The state cross-appeals, contending that the district court erred by failing to hold that Nelson procedurally defaulted on his claims. We have jurisdiction under 28 U.S.C. § 2253 , and we review de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. 3 Nelson was sentenced to five years probation following his plea of guilty to one count of attempted child molestation. He did not appeal his…

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