Frank Everett Voth v. Carl Zenon, Superintendent, Osci

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Everett VOTH, Petitioner-Appellant, v. Carl ZENON, Superintendent, OSCI, Respondent-Appellee. No. 92-35482. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 1, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Frank E. Voth, an Oregon 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. 3 Voth contends that the district court erred in holding that his claims were procedurally defaulted and thus barred from consideration in a habeas corpus petition. A state prisoner normally must exhaust available state remedies before a federal court may consider his petition for a writ of habeas corpus. 28 U.S.C. § 2254 (b); Rose v. Lundy, 455 U.S.…