Jimmy Lee Byrd v. James Blodgett, Superintendent Washington State Penitentiary

985 F.2d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmy Lee BYRD, Petitioner-Appellant, v. James BLODGETT, Superintendent Washington State Penitentiary, Respondent-Appellee. No. 92-36518. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 2, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jimmy Lee Byrd, a Washington state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 and review the denial de novo. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989). We affirm. Procedural Default 3 Byrd's first contention is that the district court incorrectly determined that he had procedurally defaulted upon six of the seven claims he raised in his habeas petition. A petitioner must exhaust his available remedies in state court before bringing a habeas corpus petition in federal court. See 28 U.S.C.…