Root

MEMORANDUM **

Ronald Root (“Root”), a Montana state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a wilt of habeas corpus challenging his jury conviction for rape. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

The district court held Root had. procedurally defaulted all of the claims raised in his federal habeas petition because his second post-conviction petition in state court was filed untimely under Montana law. Where a state prisoner has defaulted his federal claims in state court under an independent and adequate state procedural rule, federal habeas review of the claims is barred unless: (1) “the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law”; or (2) “demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice.” Coleman v. Thompson, 501 U.S. 722, 750 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991) (emphasis added). We granted a certificate of appealability only on the first question: whether cause and prejudice excuses Root’s procedural default. 1 We hold Root cannot show cause for his procedural…