Jerry Wallace Davis v. Manfred Maass, Superintendent, Oregon State Penitentiary

37 F.3d 1504 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Wallace DAVIS, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-35858. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1994. * Decided Sept. 21, 1994. 1 Before: REINHARDT and THOMPSON, Circuit Judges, and TASHIMA, District Judge. ** 2 MEMORANDUM *** 3 Jerry Wallace Davis, an Oregon state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus. Davis claims he has been denied his right to due process by the failure of the Oregon Court of Appeal to review his conviction in a timely and effective manner. We have jurisdiction to review the district court's decision pursuant to 28 U.S.C. Secs. 1291 and 2253. 4 We review de novo the district court's decision to deny a petition for habeas corpus. See Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993). 5 A state prisoner must exhaust all available…