Ricky Kurt Wassenaar v. Samuel Lewis

24 F.3d 252 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ricky Kurt WASSENAAR, Petitioner-Appellant, v. Samuel LEWIS, Respondent-Appellee. No. 93-17349. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Ricky Kurt Wassenaar, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court determined that Wassenaar had procedurally defaulted on his claim of ineffective assistance of appellate counsel. 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…