Richard Blaisdell v. Nolan Espinda, Warden

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard BLAISDELL, Petitioner-Appellant, v. Nolan ESPINDA, Warden, Respondent-Appellee. No. 94-16773. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 27, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Richard Blaisdell, a Hawaii state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition for failure to exhaust state remedies. Following a jury trial, Blaisdell was convicted of several counts of sexual assault. Blaisdell contends that the exhaustion of state remedies should be excused because the State of Hawaii's own malfeasance is responsible for his conviction and the State of Hawaii has delayed the appellate proceedings in his case. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir. 1994), and affirm. 3 A state prisoner must…