Unpublished Disposition, 852 F.2d 573 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 852 F.2d 573 (9th Cir. 1988)

Alton Bea WHATLEY, Jr., Petitioner-Appellant,v.Eddie YLST, Vacaville Medical Facility, Respondent-Appellee.

No. 87-1781.

United States Court of Appeals, Ninth Circuit.

Submitted April 27, 1987.Decided July 1, 1988.* 

Before WALLACE, SNEED, and POOLE, Circuit Judges.


Whatley appeals the dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm the dismissal.

Whatley's habeas petition challenged his state conviction on several grounds not raised before the California courts. Our review of the record indicates that appellant did not raise the following issues before the California courts in any of his petitions for habeas corpus: (1) misconduct of Superior Court Judge Park; (2) erroneous jury instructions; (3) ineffective assistance of trial counsel Weis; (4) no police complaint on file; (5) no medical report on file; (6) use of false police report; (7) use of false probation report; (8) denial of right to cross-examine witness at preliminary hearing; (9) use of perjured testimony; (10) refusal of attorney Cedillo to move for new trial at sentencing; (11) misconduct by Superior Court Judge Miller; (12) misconduct by Deputy District Attorney Kubouchi; and (13) error by Municipal Court Judge Ransom in not issuing a bench warrant for the victim. Where, as here, a habeas petition contains both unexhausted and exhausted claims, a federal court must dismiss the state prisoner's habeas petition. Rose v. Lundy, 455 U.S. 509, 522 (1982). Consequently, we affirm the district court's dismissal of Whatley's section 2254 petition.



The panel is unanimously of the the opinion that oral argument is not required in this case. Fed. R. App. P. 34(a)