Lampert

MEMORANDUM ***

The district court did not err in concluding that Bell procedurally defaulted his claim. See Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991). While Bell might have argued in state court that he was denied effective assistance of counsel when his lawyer failed to advise him of the consequences of a guilty plea, he never argued in his various post-conviction petitions to the Oregon *253 courts that he was denied due process because of the trial judge’s actions or omissions. It was not until his post-conviction appellate brief before the Oregon Court of Appeals that he made this argument. But this was too late. See Or.Rev. Stat. § 138.550(3) (“All grounds for relief claimed by petitioner ... must be asserted in the original or amended petition, and any grounds not so asserted are deemed waived....”); Bowen v. Johnson, 166 Or. App. 89 , 999 P.2d 1159, 1160 (Or.Ct.App. 2000) (“[T]he allegations in the petition frame-indeed, limit-the issues for determination by the post-conviction court.”). Bell makes no showing of cause and prejudice, Gray v. Netherland, 518 U.S. 152, 162 , 116 S.Ct. 2074 , 135 L.Ed.2d 457 (1996), or actual innocence,…