Schriro

MEMORANDUM **

Petitioner, Eric Johnson, appeals the district court’s denial of his petition for writ of habeas corpus. We affirm.

Johnson failed fairly to present his federal claims before the Arizona court. Therefore, his claims are unexhausted and therefore not properly before this court.

“An application for a writ of habeas corpus on behalf of a person in custody *833 pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State.” 28 U.S.C. § 2254 (b)(1)(A). Therefore, a state prisoner “must properly exhaust his state remedies by fairly presenting his federal claim in the state courts and thereby giving those courts an opportunity to act on his claim.” Peterson v. Lampert, 319 F.3d 1153, 1155-56 (9th Cir.2003) (en banc) (citing O’Sullivan v. Boerckel, 526 U.S. 838, 844 , 119 S.Ct. 1728 , 144 L.Ed.2d 1 (1999)); Duncan v. Henry, 513 U.S. 364, 365 , 115 S.Ct. 887 , 130 L.Ed.2d 865 (1995).

Johnson did not specifically present to the Arizona state courts the federal claims he now asserts. However, there are two situations when a state appeal that does not directly cite a…