Hendershott

MEMORANDUM **

Kenneth Hendershott (“Hendershott”) appeals the district court’s denial of his 28 U.S.C. § 2254 petition. He contends that he suffered Sixth Amendment and due process violations stemming from an asserted conflict of interest with his trial attorney. Because the state court rulings at issue were neither contrary to nor an unreasonable application of clearly established federal law, we affirm (see 28 U.S.C. § 2254 (d)(1)).

Despite the district court’s conclusion that Hendershott’s conflict-of-interest claim was not procedurally defaulted (ER 243-44), there is substantial ground for finding such default. Although Hendershott did raise that claim in his original pro se petition for state post-conviction relief (“PCR”), he likely waived the claim by failing to reassert it in his amended PCR petition (Or.Rev.Stat.l38.550(3)). 1 And Palmateer’s failure to object to the federal magistrate judge’s finding that the claim was not procedurally defaulted or to cross-appeal when the district court adopted that finding does not amount to a waiver of the argument that Hendershott waived the conflict claim (see Jones v. Wood, 207 F.3d 557 , 562 n. 2 (9th Cir. 2000)). While failure…