Henry Gossage v. Janet Barbour, Superintendent

21 F.3d 1113 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Henry GOSSAGE, Petitioner-Appellant, v. Janet BARBOUR, Superintendent, Respondent-Appellee. No. 93-35887. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 30, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Henry Gossage, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas corpus petition. The district court dismissed the petition for failure to exhaust because Gossage's post-conviction proceeding was pending in the state court. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991), and affirm. 1 3 A state prisoner must exhaust all available state court remedies before a federal court may consider granting habeas corpus relief. 28 U.S.C. Sec. 2254 (b); Duckworth v. Serrano, 454 U.S. 1, 3 (1981) (per curiam). The…