Foote

MEMORANDUM ***

Foote appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction to review the district court’s judgment under 28 U.S.C. § 2258 (a). See Olvera v. Giurbino, 371 F.3d 569, 572 (9th Cir.2004). We review the district court’s judgment de novo, Nunes v. Mueller, 350 F.3d 1045, 1051 (9th Cir.2003), and we affirm.

I

Foote has waived any argument concerning the district court’s failure to recognize that his habeas petition asserts two claims identifiable as six (3). See Zukle v. Regents of Univ. of Cal, 166 F.3d 1041 , 1045 n. 10 (9th Cir.1999) (“Ordinarily, a party’s failure to raise an issue in the opening brief constitutes a waiver of that issue” (quotations omitted)). We treat these two claims as a single one, designated “claim six(3).”

II

Foote contends that the district court erred by dismissing as procedurally defaulted claims one, four, six (2), six (3), six (4) and part of six (1). “In a habeas corpus proceeding, we do not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to…