Bischoff
Bischoff v. Lampert
Opinion
Lead Opinion
MEMORANDUM **
Oregon state prisoner William Bischoff appeals the district court’s denial of his petition for a writ of habeas corpus. Bischoff contends that the district court erred in finding that he procedurally defaulted on part of his ineffective assistance of counsel (“IAC”) claim for failure to investigate and challenge an allegedly biased juror, in denying his motion to expand the record under Rule 7 of the Rules Governing § 2254 Cases in the U.S. District Courts, and in dismissing two of his IAC claims on the merits. 1 Because the parties are familiar with the facts, we do not recite them in detail. While we do not agree with the district court that Bischoff procedurally defaulted on a portion of one of his IAC claims, we nonetheless affirm.
We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo a district court’s denial of a habeas petition, Williams v. Runnels, 432 F.3d 1102, 1105 (9th Cir.2006), including the denial of habeas relief based on procedural default, Vang v. Nevada, 329 F.3d 1069, 1072 (9th Cir.2003).
Federal courts cannot grant habeas relief unless the state prisoner has exhausted state court remedies. See Fields v. Waddington, 401…