Bowen

MEMORANDUM *

Petitioner John Bowen (“Bowen”) challenges the District Court’s dismissal of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 . A state jury convicted Bowen of two counts of first-degree sodomy involving his two sons. He was sentenced to 70 months imprisonment on count one, 60 consecutive months imprisonment on count two, and 36 months of post-prison supervision. Bowen contends that both his trial and appellate counsel were ineffective in failing to challenge the trial court’s allegedly defective jury instructions. Because Bowen is procedurally barred from making this claim, we affirm the District Court’s denial of habeas relief.

I.

Bowen is procedurally barred from raising his ineffective assistance of counsel claim because he did not comply with Oregon Revised Statute (“Or.Rev.Stat”) § 138.550(3). This state procedural rule provides the following requirement for post-conviction petitions:

Bowen failed to set forth specifically in his original pro se and amended post-conviction petitions that both his trial and appellate counsel were ineffective in not challenging the state trial court’s allegedly defective jury instructions. As such, he failed…