Morris O'Dell v. Eldon Vail

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Morris O'DELL, Petitioner-Appellant, v. Eldon VAIL, Respondent-Appellee. No. 95-35475. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 29, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Morris O'Dell, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. The district court dismissed O'Dell's petition with prejudice after concluding that his claims were unexhausted and that he had procedurally defaulted on all of his claims. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995). We may affirm on any ground supported by the record even if it differs from the rationale of the district court. Bonin v. Calderon, 59 F.3d 815, 823 (9th Cir.1995), cert. denied, 116 S.Ct. 718 (1996). We affirm. 3 A state prisoner must…