Haggins

*506 MEMORANDUM *

California state prisoner Artis Manuel Haggins appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for voluntary manslaughter and vehicle theft. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Haggins presents three claims on appeal. First, he argues that the district court erred in concluding that his claim of trial court error for failing to instruct the jury on involuntary manslaughter was procedurally defaulted. Haggins did not timely file a petition for review with the California Supreme Court as required by Rule 28(e), formerly Rule 28(b), of the California Rules of Court. Former Rule 28(b) is an adequate and independent state procedural ground barring federal review. Forrest v. Vasquez, 75 F.3d 562, 564 (9th Cir.1996).

Haggins urges this court to hold that discretionary review of claims appropriate for federal habeas relief is effectively unavailable in California. He urges this court to read Rule 33.3 of the California Rules of Court, effective January 1, 2004, to imply that he should not have had to file a petition two years earlier. We decline to adopt this interpretation.…