Browder

Browder v. Belleque

Good Law
258 F. App'x 129
United States Court of Appeals for the Ninth CircuitDecember 6, 2007No. 07-35165California373 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Donnie Browder appeals from the district court’s dismissal of his petition for writ of habeas corpus. On de novo review, Fields v. Calderon, 125 F.3d 757, 759-60 (9th Cir.1997), we affirm.

1. To the extent that Petitioner raises arguments previously rejected by this court in Browder v. Belleque, 216 Fed. Appx. 646 (9th Cir.2007) (unpublished decision), those arguments are foreclosed.

2. To the extent that Petitioner challenges the Board of Parole’s 2003 order denying his administrative appeal, we are barred from reviewing that order because of the “procedural default rule.” Harris v. Reed, 489 U.S. 255, 260 , 109 S.Ct. 1038 , 103 L.Ed.2d 308 (1989). The Oregon Court of Appeals denied review on an “adequate and independent state ground.” Id. (internal quotation marks omitted); see also Coleman v. Thompson, 501 U.S. 722 , 735 n. 1, 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991) (noting that failure to exhaust state remedies is an adequate and independent state ground procedurally barring federal habeas review (citing Harris, 489 U.S. at 269-70 , 109 S.Ct. 1038 (O’Connor, J., concurring))). The Oregon Court of Appeals dismissed Petitioner’s state court judicial…

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