Lawrence Romeo Frank v. Eddie Ylst, Warden

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence Romeo FRANK, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 92-56614. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1993. * Decided July 8, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Lawrence Romeo Frank, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Frank had not exhausted available state remedies. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 A petitioner has not satisfied the exhaustion requirement unless he has fairly presented his claims to the highest state court. Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir.1985), cert. denied, 478 U.S. 1021 (1986). Submitting a new claim to a state's highest court in a…