Marvin Marion Benson v. Dale Copeland

67 F.3d 305 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin Marion BENSON, Petitioner-Appellant, v. Dale COPELAND, Respondent-Appellee. No. 94-17062. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 22, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Marvin Marion Benson, an Arizona prisoner, appeals pro se the district court's dismissal of his habeas corpus petition brought under 28 U.S.C. Sec. 2254 . Benson claims the district court erred by finding that he procedurally defaulted on his claims in state court. We have jurisdiction under 28 U.S.C. Secs. 1291 , 2253. We review the dismissal of a habeas petition de novo, Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994), and affirm. 3 A claim is procedurally defaulted for federal habeas corpus purposes if the state court relies on a procedural default to deny relief. Harris v. Reed, 489 U.S. 255, 263 (1989); Thomas v. Goldsmith, 979 F.2d…