Frank Marrone v. Alaska Parole Board

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank MARRONE, Petitioner-Appellant, v. ALASKA PAROLE BOARD, Respondent-Appellee. No. 94-35593. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 23, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Alaska state prisoner Frank Marrone appeals the dismissal without prejudice of his 28 U.S.C. Sec. 2254 habeas corpus petition for failing to exhaust his state judicial remedies. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991), and we affirm. 3 A petitioner satisfies the exhaustion requirement if he fairly presents his habeas claims to the state's highest court, or shows that no state remedy remains available. Picard v. Conner, 404 U.S. 270, 275 (1971); Kellotat v. Cupp, 719 F.2d 1027, 1029 (9th Cir.1983). A claim is fairly presented to the state's highest court if the…