Francis Lee Jurcin v. Superior Court of Arizona, in and for Maricopa County

995 F.2d 231 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francis Lee JURCIN, Petitioner-Appellant, v. SUPERIOR COURT OF ARIZONA, in and for Maricopa County, et al., Respondents-Appellees. No. 92-16169. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 26, 1993. Before HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Francis Lee Jurcin, an Arizona state prisoner, appeals pro se the summary dismissal of his 28 U.S.C. § 2254 habeas corpus petition. He contends that the district court erred by construing his filing as a habeas petition and finding that he had failed to exhaust state remedies. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and affirm. 3 On October 30, 1990, Jurcin was convicted of burglary and fraudulent schemes and artifices. On the same day, he filed in the trial court two pro se motions requesting transcripts to enable him to…