Windham

MEMORANDUM **

In Windham v. Merkle, 163 F.3d 1092 (9th Cir.1998), this court affirmed in part and vacated in part the district court’s denial of Windham’s petition for a writ of habeas corpus challenging his conviction of second degree murder in California state court. See id. at 1107 . We instructed the district court to afford Windham the opportunity, if he could, “to demonstrate cause for defaulting his federal constitutional claim [that the prosecution engaged in gender discrimination in jury selection] and any prejudice that has resulted.” Id. at 1095 . We review de novo the district court’s determination that Windham failed to make the required demonstration upon hearing on remand. See Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir.2003).

We now affirm the denial of relief. Federal habeas review of Windham’s defaulted claim is barred unless Windham shows “cause for the procedural default and actual prejudice,” or that failure to consider his claim “will result in a fundamental miscarriage of justice.” Bennett v. Mueller, 322 F.3d 573, 580 (9th Cir.2003) (emphasis added) (citing Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991)). Because…