Duane E. Nicholas v. Robert Wright Theodore R. Kulongoski

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Duane E. NICHOLAS, Petitioner-Appellant, v. Robert WRIGHT; Theodore R. Kulongoski, Respondents-Appellees. No. 95-35823. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Duane E. Nicholas appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Nicholas contends that because he filed a petition for habeas corpus with the Supreme Court of Oregon, the district court erred by finding that his claims were procedurally barred. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and affirm. 3 In 1990, while incarcerated in Washington for other crimes, Nicholas pled guilty in Clackamas County, Oregon to first degree robbery with a firearm. That year, Nicholas was also convicted in…