Ronald Hayes Ross, Petitioner-appellant, v. John F. Jones, Parole Officer; Gale Norton, Attorneygeneral of the State of Colorado, Respondents-appellees, 61 F.3d 916 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.² 

Petitioner-Appellant Ronald Hayes Ross ("Appellant") appeals the dismissal of his pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Appellant pled guilty to one count of securities fraud in the District Court of Arapahoe County, Colorado. He then filed a motion in state court for post-conviction relief, which was denied by the state trial court. On appeal, the Colorado Court of Appeals dismissed his claims with prejudice and without reaching the merits, based on Appellant's failure to file a brief in compliance with Colorado Appellate Rule 28. The Colorado Supreme Court denied review, and Appellant filed a petition for habeas relief with the federal district court.

The case was referred to a United States magistrate judge, who recommended dismissal of Appellant's claims as procedurally defaulted in the state courts. The magistrate found that no cause existed for Appellant's lack of compliance with the state procedural rule, and that no fundamental miscarriage of justice would result from failure to consider Appellant's claims. The district court adopted the magistrate's recommendation and dismissed Appellant's petition for habeas relief. For the reasons set forth in the magistrate's report, we AFFIRM.

The mandate shall issue forthwith.