Matylinsky

Matylinsky v. Budge

Good Law
344 F. App'x 311
United States Court of Appeals for the Ninth CircuitAugust 18, 2009No. 08-15459California1,246 words

Opinion

Lead Opinion

MEMORANDUM **

Nevada prisoner Frank Matylinsky (“Matylinsky”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . He was convicted in Nevada State District Court of the murder of his wife and manslaughter of his unborn child and was sentenced to life without the possibility of parole.

I

After litigating both direct and habeas appeals in the Nevada state courts, Maty-linsky challenged his conviction in a federal habeas petition before the United States District Court for the District of Nevada. 1 His original federal habeas petition was dismissed without prejudice for failure to exhaust claims in state court. He returned to state district court to exhaust those claims. However, the state court ruled that many of his unexhausted claims could have been raised in a previous petition, and therefore these claims were pro *313 cedurally barred under Nevada law. See Bejarano v. State, 122 Nev. 1066 , 146 P.3d 265, 269 (2006) (citing Nev.Rev.Stat. § 34.810(l)(b)). The Nevada Supreme Court agreed.

Matylinsky then returned to federal district court, which subsequently denied him relief. The federal district court first dismissed those…

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