Julian Harold Combs v. Manfred F. Maass

83 F.3d 426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Julian Harold COMBS, Petitioner-Appellant, v. Manfred F. MAASS, Respondent-Appellee. No. 95-35317. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 12, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Julian Harold Combs, an Oregon state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. The district court dismissed Combs' petition with prejudice on the ground that he procedurally defaulted on his claims. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court's dismissal of procedurally barred habeas claims, Howard v. Lewis, 905 F.2d 1318, 1322 (9th Cir.1990), and affirm. 3 If the state courts will no longer consider the merits of a federal constitutional claim because of the petitioner's failure to follow a state procedural rule, the petitioner has…