Larry W. Albright v. Marlin D. Holden

99 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry W. ALBRIGHT, Petitioner, Appellant, v. Marlin D. HOLDEN, Respondent-Appellee. No. 96-35130. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 15, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Larry W. Albright, a Washington state prisoner, appeals pro se the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his 1988 conviction for second degree statutory rape. Albright contends that the district court erred by finding his claims procedurally barred. We affirm the district court's judgment because when Albright filed his habeas petition on February 15, 1995, he already had finished serving his sentence and was in custody on a 1992 conviction rather than his 1988 conviction. See 28 U.S.C. § 2254 (a) (custody requirement); Maleng v. Cook, 490 U.S. 488, 492 (1989) ("once the sentence imposed for a conviction has…