Henry E. Gossage v. Janet Barbour

87 F.3d 1318 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Henry E. GOSSAGE, Petitioner-Appellant, v. Janet BARBOUR, Respondent-Appellee. No. 95-35609. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 14, 1996. Before: CANBY, JOHN T. NOONAN, JR., and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Henry E. Gossage, a Washington state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction by guilty plea for two counts of first degree incest, one count of third degree rape, and one count of attempted first degree incest. He contends the district court erred by (1) denying his double jeopardy claim, (2) dismissing two claims as procedurally defaulted because he did not and cannot now present them to the Washington Supreme Court, and (3) failing to find an equal protection violation. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. 3 Gossage contends that incest is a…