Vernon Eugene Smith v. Manfred Maass, Superintendent

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vernon Eugene SMITH, Petitioner-Appellant, v. Manfred MAASS, Superintendent Respondent-Appellee. No. 91-35949. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1992. Decided June 7, 1993. Before HUG, FLETCHER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Vernon Eugene Smith, an Oregon state prisoner, appeals the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2254 challenging the Oregon parole board's deferral of his release date on due process and equal protection grounds. The district court adopted the findings and recommendation of a magistrate judge that the claims were moot and, in any event, Smith was not entitled to relief on the merits. Because Smith failed to exhaust his equal protection claim, the district court was obligated to dismiss Smith's petition. FACTS AND PROCEDURAL HISTORY 3 Smith was convicted of manslaughter and in September…