Dockery

MEMORANDUM *

Oregon state prisoner Keith T. Dockery’s appeal fails because a state prisoner is barred from presenting a claim in a federal habeas petition if he forfeited the claim by failing to abide by independent and adequate procedural rules in state court. See Coleman v. Thompson, 501 U.S. 722, 729-730 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991).

Dockery appealed his sentence, first on direct review, then in state post-conviction proceedings, arguing that the trial court had failed to make the factual findings required by ORS § 137.123 before imposing consecutive sentences. The post-con *553 viction court agreed that the trial court had failed to make the required findings and, based on this omission alone, remanded Dockery’s case for resentencing. Post-conviction relief was otherwise denied.

At his resentencing hearing, Dockery argued for the first time that his two kidnapping convictions should merge under ORS § 161.067. The trial court initially stated that the merger issue was not before the court, but, when pressed by defense counsel, ruled that Dockery’s convictions did not merge.

Dockery sought post-conviction relief a second time, again arguing that his convictions…