Walter W. Austin, Petitioner-appellant, v. Samuel A. Lewis, Director; Attorney General for the Stateof Arizona, Respondents-appellees, 65 F.3d 174 (9th Cir. 1995)Annotate this Case
Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges.
Walter Austin, and Arizona state prisoner, appeals the district court's denial of his petition for writ of habeas corpus. Austin claims that his incarceration in 1985 was illegal because he never pleaded guilty to the crime, engaging in sexual conduct with his daughter, for which he is being punished. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
Before a federal district court may consider a state prisoner's application for habeas relief, the prisoner must have exhausted, in state court, every claim raised in the federal petition. Coleman v. Thompson, 501 U.S. 722, 731 (1991).
Since his incarceration, Austin has filed numerous appeals and petitions for post-conviction relief in the Arizona state courts. None of them, however, raises the claim he presents here. We affirm the district court's denial of Austin's petition on the ground that he has failed to exhaust his claim in state court. See Coleman, 501 U.S. at 731.