Kerry Van Bell v. Sherman Hatcher, Warden

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kerry VAN BELL, Petitioner-Appellant, v. Sherman HATCHER, Warden, Respondent-Appellee. No. 95-15141. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Kerry Van Bell, a Nevada state prisoner, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. The district court dismissed Van Bell's petition because he failed to exhaust state remedies on all of his claims. 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 exhaust available state remedies before a federal court may consider the merits of his habeas corpus petition. See 28 U.S.C. Sec. 2254 (b) (1988); Rose v. Lundy, 455 U.S. 509, 516 (1982). The district court must dismiss "mixed petitions," which contain both…