Rick Edward May v. Manfred F. Maass, Superintendent, Oregon State Penitentiary

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rick Edward MAY, Petitioner-Appellant, v. Manfred F. MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 94-35479. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Rick Edward May, a former Oregon State prisoner now on parole, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. 1 May contends that the Oregon Board of Parole (Board) violated his due process rights because the Board acted in bad faith when it reconsidered May's parole in a second parole decision. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993), and affirm. 3 Prior to addressing the merits of May's appeal, we must first consider the state's argument that May has failed to exhaust his state remedies…