Hernandez

MEMORANDUM *

Jesse Hernandez appeals the district court’s denial and dismissal without prejudice of his petition for habeas corpus. We affirm. Because the parties are familiar with the facts, we recount them only as necessary to explain our decision. Although we find that Hernandez has now sufficiently exhausted all of his claims, we affirm the dismissal on the grounds of procedural default.

1. Hernandez claimed ineffective assistance of appellate counsel in his habeas petition to the California Supreme Court. Athough he did not directly claim ineffective assistance of trial counsel in that petition, his argument seeking consideration of his original petition for review *843 because of the ineffective assistance of appellate counsel in filing the petition late sufficiently exhausted his claims of ineffective assistance of both trial and appellate counsel.

Moreover, exhaustion is satisfied “if it is clear that the claims are now proeedurally barred under [state] law.” Gray v. Netherland, 518 U.S. 152, 162 , 116 S.Ct. 2074 , 135 L.Ed.2d 457 (1996). Hernandez’s ineffective assistance of trial counsel claim is now proeedurally barred, because the California Supreme Court refused to…