Thomas Ray McKee v. Kenneth O. Eikenberry, Washington State Attorney General Kurt Peterson, Superintendent of Washington Corrections Center

991 F.2d 803 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Ray MCKEE, Petitioner-Appellant, v. Kenneth O. EIKENBERRY, Washington State Attorney General; Kurt Peterson, Superintendent of Washington Corrections Center, Respondents-Appellees. No. 92-36838. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 15, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Ray McKee, 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. 3 McKee contends that the district court incorrectly determined that he had procedurally defaulted upon the claim 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…