McKinley Scott v. Leon Hardison the Attorney General of the State of Nevada

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. McKinley SCOTT, Petitioner-Appellant, v. Leon HARDISON; The Attorney General of the State of Nevada, Respondent-Appellee. No. 95-16824. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 3, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Nevada state prisoner McKinley Scott appeals pro se the district court's dismissal, for failing to exhaust state remedies, of his habeas corpus petition brought under 28 U.S.C. § 2254 . We agree with the district court, and with Scott's concession on appeal, that Scott failed to present his federal claims to the Nevada courts. See, e.g., Duncan v. Henry, 115 S.Ct. 887, 888 (1995) (per curiam). He contends however, that returning to the state courts would be futile or barred by a procedural rule. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008…