John D. Merrifield, Petitioner-appellant, v. Dave Paskett, Warden Respondent-appellee, 951 F.2d 361 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 951 F.2d 361 (9th Cir. 1991) Submitted Dec. 5, 1991. *Decided Dec. 17, 1991

Before EUGENE A. WRIGHT, DAVID R. THOMPSON, AND T.G. NELSON, Circuit Judges.

MEMORANDUM** 

This is an appeal from the denial of a pro se petition for writ of habeas corpus by an incarcerated state prisoner.

We affirm the judgment of the district court for the reasons given by the Report and Recommendation of the United States Magistrate Judge and adopted by the district court. The petitioner has failed to exhaust his state remedies.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 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 Ninth Circuit Rule 36-3

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