Osiris

MEMORANDUM **

Solomon Omar Osiris appeals the district court’s denial of his petition for habeas corpus on four grounds. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Osiris waived his claim that the trial court violated his right to effective assistance of counsel when it excluded him from his own trial by failing to raise it before the district court. 1 Before the dis *194 trict court, Osiris asserted violations of his Fifth and Fourteenth Amendment rights to due process and equal protection and his Sixth Amendment right to confrontation on the ground of his exclusion, but not his Sixth Amendment right to effective assistance of counsel.

Although Osiris’s claim that the trial court violated his Sixth Amendment right to counsel by failing to allow his counsel to withdraw is included in the certificate of appealability, 2 the district court correctly determined that Osiris procedurally defaulted the claim. The court also correctly determined that he proeedurally defaulted his claim that counsel rendered ineffective assistance by failing to call a potential witness as well. Osiris did not fairly present these claims to the Oregon courts. 3 He…