John Nickolai v. Frank Sauser, Superintendent, Spring Creek Correctional Center, State of Alaska

983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John NICKOLAI, Petitioner-Appellant, v. Frank SAUSER, Superintendent, Spring Creek Correctional Center, State of Alaska, Respondent-Appellee. No. 91-36172. United States Court of Appeals, Ninth Circuit. Submitted Dec. 10, 1992. * Decided Dec. 18, 1992. Before WALLACE, Chief Judge, and SKOPIL and LEAVY, Circuit Judges. MEMORANDUM 1 Nickolai, an Alaska state prisoner, appeals from the district court's dismissal of his habeas corpus petition challenging his conviction for second degree murder on the ground of insufficient evidence. Nickolai contends that the district court erred by holding that he failed to exhaust his state court remedies. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We affirm. 2 In May 1990, Nickolai filed this petition for writ of habeas corpus. On March 14, 1991, Sauser filed a motion to…