Eric J. Holden, Petitioner-appellant, v. Denise Templeton, Superintendent, Palmer Correctionalfacility, Respondent-appellee, 142 F.3d 443 (9th Cir. 1998)

MEMORANDUM^* 

In this consolidated appeal, Alaska state prisoner Eric J. Holden appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. Holden also appeals the denial of his motion to reinstate the petition. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see Coe v. Thurman, 922 F.2d 528, 530 (9th Cir. 1990), and affirm.

Holden contends that the district court erred by dismissing his petition for failure to exhaust state remedies because his federal due process rights have been violated by the Alaska state court's failure to expeditiously process his direct appeal. This contention lacks merit because any continuing delay in deciding Holden's direct appeal is not yet excessive enough to amount to a due process violation. Cf. id. at 529, 531-32 (excusing exhaustion requirement where petitioner's direct appeal had not been decided four years after notice of appeal was filed and petitioner demonstrated defense would be impaired in the event of retrial).¹ 

AFFIRMED.