Beagles

Beagles v. Miller-Stout

Good Law
18 F. App'x 567
United States Court of Appeals for the Ninth CircuitAugust 30, 2001No. 01-35060; D.C. No. CV-00-01563-RSLCalifornia351 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Ronald Gene Beagles appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition without prejudice for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we review de novo the district court’s denial of § 2254 petition. See Rumbles v. Hill, 182 F.3d 1064, 1067 (9th Cir.1999), cert. denied, 528 U.S. 1074 , 120 S.Ct. 787 , 145 L.Ed.2d 664 (2000). We affirm.

Beagles contends that the district court erred by dismissing his § 2254 habeas petition as unexhausted. This contention lacks merit.

The exhaustion requirement of 28 U.S.C. § 2254 (b) provides that each of a petition *568 er’s claims must be properly presented to a state’s highest court prior to habeas review by a federal district court. 28 U.S.C. § 2254 (b)(1)(A).

Indeed, the record here shows that the Washington Court of Appeals only recently issued its decision in Beagles’s direct appeal. State of Washington v. Beagles, No. 44135-3-1, 2001 WL 210687 (Wash.Ct. App. Mar.5, 2001). Furthermore, Beagles concedes that he has not fully and fairly presented his claims to the Washington State Supreme Court. We therefore…

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