Rasberry

MEMORANDUM **

California state prisoner Jackie Ervin Rasberry appeals the district court’s denial of his motion pursuant to Federal Rules of Civil Procedure 60(b) for relief from the dismissal of his 28 U.S.C. § 2254 habeas petition. We review the denial of a Rule 60(b) motion for an abuse of discretion. Greenawalt v. Stewart, 105 F.3d 1268, 1273 (9th Cir.1997) (per curiam). We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

*572 The district court dismissed Rasberry’s federal habeas petition based on his failure to exhaust state remedies. Rasberry contends that the district court should have given him an opportunity to amend his petition and go forward with exhausted claims, pursuant to Anthony v. Cambra, 236 F.3d 568 (9th Cir.2000). However, unlike the petition in Anthony , Rasberry’s petition was not a mixed petition, but wholly unexhausted, and amending his petition to exclude unexhausted claims would have resulted in a petition without claims. Accordingly, dismissal was proper. See Castille v. Peoples, 489 U.S. 346, 349 , 109 S.Ct. 1056 , 103 L.Ed.2d 380 (1989) (habeas petitions should be dismissed if the state remedies had not been exhausted as to any of…