Bailey

Steven Ray Bailey, an Oregon state prisoner, appeals the district court’s denial of his habeas corpus petition, brought pursuant to 28 U.S.C. § 2254 , challenging the state court’s restitution order entered after Bailey’s guilty plea to kidnapping and attempted assault. The district court denied Bailey’s habeas petition and dismissed his case concluding that Bailey did not meet the “in custody” requirement of § 2254 because he challenged only the restitution order and, alternatively, because Bailey did not exhaust his state court remedies. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

In 2002 Steven Ray Bailey was indicted in Oregon state court on several counts arising from an armed confrontation involving him earlier that year. A settlement was reached and Bailey pleaded guilty to kidnapping and attempted assault. The settlement specified a total term of incarceration of 160 months. At a February 14, 2003, hearing, the state court ordered the State to file a restitution schedule within two weeks. On March 4, 2003, more than two weeks later, the State filed its restitution schedule seeking $6,606.65 for “crime victim compensation” and medical bills. Bailey’s…