Fletcher Casey, Jr. v. James A. Thomas

35 F.3d 570 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fletcher CASEY, Jr., Petitioner-Appellant, v. James A. THOMAS, et al., Respondents-Appellees. No. 93-15060. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Fletcher Casey, Jr. appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his convictions of two counts of forgery. Casey contends that the district court erred in finding that he procedurally defaulted on his state claims: (1) the trial court violated the Double Jeopardy Clause and (2) the trial court lacked jurisdiction. We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993), and affirm. Jurisdiction 3 Generally, an expired conviction cannot satisfy the "in custody" requirement of a habeas petition. Maleng v. Cook, 490 U.S. 488, 492 (1989); Feldman v.…