Carlos Zepedas Montes v. Brian Gunn

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos Zepedas MONTES, Petitioner-Appellant, v. Brian GUNN, Respondent-Appellee. No. 93-56361. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 8, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Zepedas Montes, a California state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition for failure to exhaust state remedies. Following a jury trial, Montes was convicted for first degree murder with use of a firearm. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Henry v. Estelle, 993 F.2d 1423, 1425 (9th Cir.1993), and affirm. 3 A state prisoner must exhaust all available state remedies before a federal court may consider the merits of his habeas corpus petition. See 28 U.S.C. Sec. 2254 (b); Rose v. Lundy, 455 U.S. 509, 516 (1982). "[A] district court must dismiss 'mixed petitions'…