Harold Shamburger v. Charles D. Marshall, Warden

91 F.3d 154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harold SHAMBURGER, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-Appellee. No. 95-15196. United States Court of Appeals, Ninth Circuit. Submitted June 12, 1996. * Decided July 12, 1996. Before: HUG, Chief Judge, SCHROEDER and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Harold Shamburger is an inmate in Pelican Bay State Penitentiary in California. Shamburger filed a habeas petition in California state court to expunge his prison record, which has several entries that he views as inaccurate. Defendant Marshall is the warden at Pelican Bay. The California State Superior Court and the California Supreme Court rejected Shamburger's habeas petition on the ground that he had not exhausted his state administrative remedies. 3 Shamburger then filed a petition for habeas corpus relief in the District Court for the Northern District of California. The District Court construed Shamburger's habeas corpus…