Burns
Burns v. McFadden
Opinion
Lead Opinion
MEMORANDUM **
Arizona state prisoner Aaron Scott Burns appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, challenging his guilty plea conviction and sentence for one count of drive-by shooting. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of a habeas corpus petition on procedural grounds, see James v. Pliler, 269 F.3d 1124, 1125 (9th Cir.2001), and we affirm.
Burns contends that the district court erred when it concluded he failed to properly exhaust his claim by presenting it in a petition for special action to the Arizona Court of Appeals. See Ariz. R.P. Spec. Act. 1 (stating that “the special action shall not be available where there is an equally plain, speedy, and adequate remedy by appeal.”). We disagree.
A state prisoner must exhaust all available state remedies before a federal court may consider the merits of his habeas corpus petition. See 28 U.S.C. § 2254 (b)(1)(A); Nino v. Galaza, 183 F.3d 1003, 1004 (9th Cir.1999). Exhaustion requires that a habeas petitioner “fairly present” the substance of the claim to the state courts in order to give them an opportunity to pass upon and to…