Unpublished Disposition, 855 F.2d 861 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 855 F.2d 861 (9th Cir. 1988)

Donald LESTER, Plaintiff-Appellant,v.Edwin SHIMODA, and Attorney General of the State of Hawaii,Defendants- Appellees.

No. 84-1592.

United States Court of Appeals, Ninth Circuit.

Submitted July 8, 1987.* Decided July 29, 1988.

Before SKOPIL, SCHROEDER and ALARCON, Circuit Judges.

MEMORANDUM** 

Donald Lester, a Hawaii state prisoner, appeals the dismissal of his petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254. The petition contains nine claims. Eight were exhausted by direct appeal to the Hawaii Supreme Court. The ninth claim of ineffectiveness of his appellate counsel on failing to file a petition for rehearing in the Hawaii Supreme Court was not exhausted.

A district court must dismiss habeas corpus petitions filed by state prisoners containing exhausted and unexhausted claims. Rose v. Lundy, 455 U.S. 509, 522 (1982). Accordingly, the district court did not err in dismissing the petition.

AFFIRMED.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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