Carl B. Bortz v. Samuel Lewis

8 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carl B. BORTZ, Petitioner-Appellant, v. Samuel LEWIS, et al., Respondent-Appellee. No. 93-15225. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 This case presents a question of whether a petitioner for habeas corpus is barred from pursuing his habeas petition for failing to satisfy a state procedural prerequisite for state appellate review. We find that the petitioner procedurally defaulted on the claims stated in his habeas petition and, therefore, affirm the district court's dismissal of his petition. 3 Carl B. Bortz is an Arizona state prisoner who was convicted of sexual assault after entering a guilty plea. He later filed two separate petitions for post-conviction relief, both of which were denied by the Arizona trial court. The Arizona Court of Appeals dismissed his appeal of the trial…