Stanley Mark Cohen v. Larry Witek, Warden Attorney General of the State of California

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stanley Mark COHEN, Petitioner-Appellant, v. Larry WITEK, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-56243. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. 1 Before: NOONAN, LEAVY, and TASHIMA Circuit Judges. 2 MEMORANDUM ** 3 Stanley Mark Cohen, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. Cohen is serving an eight-year sentence for grand theft. We have jurisdiction under 28 U.S.C. § 2253 and we affirm. 4 A habeas corpus petition should generally be dismissed if the petitioner fails to exhaust available state remedies. Duncan v. Henry, 115 S.Ct. 887, 888 (1995); Crotts v. Smith, 73 F.3d 861, 865 (9th Cir.1996). 5 Cohen claims that his sentence was illegally lengthened by ninety days on the ground that he violated a…