Gutierrez

MEMORANDUM ***

George P. Gutierrez appeals from the August 7, 2002, order of the United States District Court for the District of Arizona, Roslyn O. Silver, Judge, denying his pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Judge Silver granted a certificate of appealability for two issues raised in the sixth ground of appellant’s petition: “search and seizure under the Fourth Amendment; ineffectiveness of trial counsel failing to object to evidence from search and seizure,” and denied as to all other issues.

Upon considering the questions certified for appeal, we affirm the district court’s denial of the application.

Gutierrez has not shown that he was denied an opportunity for full and fair litigation of his Fourth Amendment claim, and he is proeedurally barred from raising it on habeas. Stone v. Powell, 428 U.S. 465, 494 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976). Because Gutierrez’s state court petitions failed to specify what evidence ought to have been excluded, he failed to exhaust his claim and was proeedurally barred from raising it. Furthermore, we agree with the district court’s determination that the Fourth Amendment claim had no merit…