Greene

MEMORANDUM *

Michael Thomas Greene (“Greene”) appeals the District Court’s denial of his petition for a writ of habeas corpus. He contends that the Oregon Board of Parole and Post-Prison Supervision (“Board”) violated the Ex Post Facto and Due Process Clauses of the United States Constitution when it denied him parole in 2000. The District Court did not reach the merits of these claims. Rather, it held that Greene procedurally defaulted on his federal constitutional claims when he failed to adequately present them to the Oregon state courts. We affirm.

DISCUSSION

In Greene’s appeal before the Oregon Court of Appeals, his counsel submitted a no-merits brief pursuant to State v. Balfour, 311 Or. 434 , 814 P.2d 1069 (1991), stating that neither appellate counsel nor trial counsel was “able to identify any non-frivolous issues for appeal.” 1 Appellate counsel gave Greene the opportunity to submit Section B of the brief, in which he could assert claims on his own behalf with counsel’s assistance, but Greene declined to do so. The submitted brief contained *599 only counsel’s summary of the facts and procedural history, and attached appendices, including the pleadings below. The…