Titus

MEMORANDUM **

John Titus appeals the district court’s dismissal without prejudice of his 28 U.S.C. § 2254 habeas petition as unexhausted. We review de novo whether Titus exhausted state remedies for purposes of 28 U.S.C. §§ 2254 (b)(1)(A), 2254(c). Vang v. Nevada, 329 F.3d 1069, 1072 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

We agree with Judge Singleton that Petitioner failed to “fairly present” to Aaska state courts — in either of his direct appeals — federal claims regarding whether the jury’s consideration of extrinsic evidence violated rights under the Sixth and Fourteenth Amendments to the United States Constitution. See Baldwin v. Reese, 541 U.S. 27 , 124 S.Ct. 1347, 1351 , 158 L.Ed.2d 64 (2004) (“[Ojrdinarily a state prisoner does not ‘fairly present’ a claim to a state court if that court must read beyond a petition or a brief (or a similar document) that does not alert it to *262 the presence of a federal claim in order to find material, such as a lower court opinion in the case, that does so.”); see also Casey v. Moore, 386 F.3d 896 , 911 n. 12 (9th Cir.2004) (“[W]e decline to conclude that state supreme court justices may be charged…