Bivens

MEMORANDUM **

Ronald Wayne Bivens (“Bivens”) appeals from the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Bivens presented his federal equal protection claim to the Oregon Supreme Court without first presenting it to the Oregon Court of Appeals. As a result, the equal protection claim was not properly exhausted. “To satisfy the exhaustion requirement of § 2254, habeas petitioners must ‘fairly presen[t] federal claims to the state courts in order to give the State the opportunity to pass upon and to correct alleged violations of its prisoners’ federal rights.” Reese v. Baldwin, 282 F.3d 1184, 1190 (9th Cir.2002) (quoting Lyons v. Crawford, 232 F.3d 666, 668 (2000), modified by 247 F.3d 904 (9th Cir.2001)). A federal claim that is raised for the first and only time in the state’s highest court on discretionary review is not exhausted. Castille v. Peoples, 489 U.S. 346, 351 , 109 S.Ct. 1056 , 103 L.Ed.2d 380 (1989).

The Oregon Supreme Court’s review of an appellate court judgment is discretionary. See Or. R.App. Proc. 9.20.…