James R. Morrow, Sr. v. S. Frank Thompson, Superintendent, Oregon State Penitentiary

104 F.3d 365 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James R. MORROW, Sr., Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 96-35108. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Oregon state prisoner James R. Morrow, Sr., appeals pro se the district court's dismissal of his habeas corpus petition. Morrow contends that the district court erred by finding that he procedurally defaulted his claims in the state courts. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253. We review de novo, Duckett v. Godinez, 67 F.3d 734, 739 (9th Cir.1995), cert. denied, 116 S.Ct. 1549 (1996), and affirm. 3 A state prisoner may not raise a claim on federal habeas if he has defaulted the claim by violating a state procedural rule, absent a showing of cause and prejudice, or actual innocence.…