Larry Lydell Bell v. Carl Zenon

Good Law
983 F.2d 1075·1993 WL 6565·1993 U.S. App. LEXIS 5714
United States Court of Appeals for the Ninth CircuitJanuary 15, 199392-35355California779 words

Opinion

Opinion

983 F.2d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry Lydell BELL, Petitioner-Appellant, v. Carl ZENON, Respondent-Appellee. No. 92-35355. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 15, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Larry Lydell Bell, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus. The district court dismissed his petition for failure to show cause and prejudice for procedurally defaulting his right to appeal in state court. We have jurisdiction under 28 U.S.C. § 2254 . We review de novo, Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991), and affirm. 3 A state prisoner's petition for habeas corpus must be dismissed if the petitioner has not exhausted available state remedies. 28 U.S.C. § 2254 (b); McQuown v. McCartney, 795 F.2d 807, 809 (9th Cir.1986). The exhaustion…

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