Walker

Walker v. Walter

Good Law
16 F. App'x 648
United States Court of Appeals for the Ninth CircuitJuly 23, 2001No. 00-35908; D.C. No. CV-00-05030-FDBCalifornia388 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Timothy T. Walker appeals pro se the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and affirm.

Walker contends the district court erred by dismissing his petition for failure to exhaust state remedies. We review the district court’s decision to dismiss a habeas petition de novo. See Manning v. Foster, 224 F.3d 1129, 1132-33 (9th Cir. 2000). Walker’s contention is without merit. A state prisoner must exhaust all available state remedies, by providing the highest state court with a full and fair opportunity to consider all claims, before a federal court may consider the merits of a habeas petition. See 28 U.S.C. § 2254 (b)(1)(A); Duncan v. Henry, 513 *649 U.S. 864 , 365-66, 115 S.Ct. 887 , 130 L.Ed.2d 865 (1995) (per curiam).

Because Walker has not demonstrated that he specifically raised the federal due process claim to the Washington Supreme Court, in either his direct appeal or in a collateral proceeding, 1 he has not demonstrated that he provided the highest state court with the opportunity to consider his federal claims. See…

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