Michael Milligan v. State of Oregon

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael MILLIGAN, Petitioner-Appellant, v. STATE OF OREGON, Respondent-Appellee. No. 94-35731. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael Milligan, an Oregon state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. In 1986, after being convicted of attempted murder and carrying a dangerous weapon, Milligan was sentenced to a total term of twenty years' imprisonment. He contends the district court erred when it dismissed his petition for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . After accepting the district court's factual findings unless clearly erroneous and reviewing its conclusions of law de novo, Jones v. Meyer, 899 F.2d 883, 884 (9th Cir.), cert. denied, 498 U.S. 832 (1990), we affirm in…