Rohn Derrick Dorsey v. Oregon Board of Parole

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rohn Derrick DORSEY, Petitioner-Appellant, v. OREGON BOARD OF PAROLE, Respondent-Appellee. No. 92-36936. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 2, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Rohn Derrick Dorsey, an Oregon state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Dorsey procedurally defaulted his claims by failing to fairly present them to the Oregon Supreme Court. 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 state prisoner's petition for habeas corpus must be dismissed if the petitioner has not exhausted available state remedies. 28 U.S.C. Sec. 2254 (b); McQuown v. McCartney, 795 F.2d 807, 809 (9th Cir.1986). A petitioner has not…