Robert Ryan v. Robert Borg

967 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert RYAN, Petitioner-Appellant, v. Robert BORG, Respondent-Appellee. No. 91-16007. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 17, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Ryan, a California 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 review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 A state prisoner must exhaust available state court remedies either on direct appeal or through collateral proceedings before a federal court may consider granting habeas corpus relief. Duckworth v. Serrano, 454 U.S. 1, 3 (1981) (per curiam); 28 U.S.C. § 2254 (b). A petitioner satisfies the exhaustion requirement by fairly presenting all claims to the highest state court with jurisdiction to…