Lee Mazur Hays v. Joseph Klauser

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lee Mazur HAYS, Petitioner-Appellant, v. Joseph KLAUSER, Respondent-Appellee. No. 93-35243. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1994. * Decided April 14, 1994. Before: WRIGHT, TANG, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Lee Hays, an Idaho prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for writ of habeas corpus. The district court dismissed Hays' petition as an abuse of the writ. Alternatively, the district court held that Hays' vagueness claim represented an unexhausted claim requiring the dismissal of the entire petition, and also ruled against Hays on the merits. We affirm. I. 3 Section 2254 petitioners must exhaust available state remedies before presenting their claims to federal courts. Harmon v. Ryan, 959 F.2d 1457, 1460 (9th Cir.1992). A petition containing both exhausted and unexhausted claims is usually dismissed. Rose…