Henry B. Garnier, Jr., Petitioner-appellant, v. Tana Wood, Superintendent, Respondent-appellee, 103 F.3d 138 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 103 F.3d 138 (9th Cir. 1996) Submitted Dec. 2, 1996. *Decided Dec. 06, 1996

Before: SNEED, TROTT, and THOMAS, Circuit Judges.

MEMORANDUM** 

Henry B. Garnier, a Washington state prisoner, appeals pro se the district court's denial without prejudice of his 28 U.S.C. § 2254 habeas corpus petition challenging his 1993 conviction and sentence for two counts of first degree assault. Garnier contends that the State of Washington lacked jurisdiction to arrest, try, convict and incarcerate him because he is a member of a federally-recognized Indian tribe and was charged with committing an offense against another Indian or Indians.

The district court properly denied the petition on the ground that Garnier failed to demonstrate that he had presented for resolution to the state courts the claim he brings in the instant petition. See Rose v. Lundy, 455 U.S. 509, 518-20 (1982).

AFFIRMED.1 

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 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

 1

Garnier's "Motion to Submit Additional Citation" is denied. Because we affirm the denial of habeas relief under the former version of 28 U.S.C. § 2254, we do not consider whether the Antiterrorism and Effective Death Penalty Act of 1996 applies to this appeal

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