Richard Erling Kelly v. State of Washington, Washington State Indeterminate Sentencing Board

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard Erling KELLY, Petitioner-Appellant, v. STATE OF WASHINGTON, Washington State Indeterminate Sentencing Board, Respondents-Appellees. No. 92-35586. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1993. * Decided May 10, 1993. Before: WRIGHT, ALARCON and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 State prisoner Richard Kelly appeals from the district court's dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254 . Kelly claims that he was sentenced in violation of the Ex Post Facto and Due Process Clauses of the United States Constitution. We affirm because we hold Kelly is procedurally barred from bringing this action. I. 3 On July 9, 1974, Kelly pled guilty to attempted rape and was sentenced to 20 years in a Washington state prison. His sentence was deferred, however, and he was placed on five years probation. His deferred sentence was later revoked and he…