Robert R. Moten v. Jeffrey Hood Attorney General

12 F.3d 1107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert R. MOTEN, Petitioner-Appellant, v. Jeffrey HOOD; Attorney General, Respondents-Appellees. No. 93-15826. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 15, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Robert Moten, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Moten had procedurally defaulted on his claims. 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). The exhaustion requirement is satisfied if the petitioner has given the state's…