Piper

MEMORANDUM **

Isadore Piper appeals pro se the district court’s order dismissing without prejudice his habeas corpus petition under 28 U.S.C. § 2254 . Piper’s habeas petition challenges his sentence of 25 years to life imposed under California’s “Three Strikes” Law, Cal.Penal Code § 667(b)-(i), following his conviction for firearm possession by a felon. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of Piper’s habeas corpus petition on procedural grounds, see James v. Pliler, 269 F.3d 1124, 1125 (9th Cir. 2001), and we affirm.

Piper’s section 2254 habeas petition was dismissed without prejudice by the district court on the ground that it contained both exhausted and unexhausted claims. See Rose v. Lundy, 455 U.S. 509, 510 , 102 S.Ct. 1198 , 71 L.Ed.2d 379 (1982). Piper alleges on appeal that, prior to dismissing, the district court erred by not treating his petition as fully exhausted, noticing the fact that the Supreme Court of California had denied his unexhausted claims since the initial filing of his federal habeas petition. In the alternative, Piper contends the district court erred in not advising Piper of his right to amend…