Alan Fawcett v. Lloyd F. Hames, Commissioner, Commissioner of Corrections, State of Alaska

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alan FAWCETT, Petitioner-Appellant, v. Lloyd F. HAMES, Commissioner, Commissioner of Corrections, State of Alaska, Respondent-Appellee. No. 93-36198. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 11, 1994. Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Alan Fawcett, an Alaska state prisoner, appeals 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 Fawcett had procedurally defaulted on his jury selection claim. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 A claim has been procedurally defaulted if the last state court rendering a judgment in the case clearly and expressly states that its judgment is based on a state procedural bar. Harris v. Reed, 489 U.S. 255, 263…