John Kim v. C.J. Villalobos

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John KIM, Petitioner-Appellant, v. C.J. VILLALOBOS, Respondent-Appellee. No. 91-55024. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1994. * Decided Dec. 2, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. MEMORANDUM ** John Kim, a former California state prisoner, appeals the district court's denial of his habeas corpus petition. He contends that the district court's conclusion that he procedurally defaulted his federal claims is precluded by our prior decision. We disagree. Our prior decision, Kim v. Villalobos, 799 F.2d 1317 (9th Cir.1986), established only that Kim satisfied the exhaustion requirements of 28 U.S.C. Sec. 2254 . We did not discuss or reach the issue of procedural default. Procedural default occurs when a petitioner has not presented a claim in state court and is now barred from doing so by state procedural rules. See Castille v. Peoples, 489 U.S. 346, 351-52…