Vancile A. White, Jr., Petitioner-appellant, v. State of California; Attorney General of the State Ofcalifornia, Respondents-appellees, 87 F.3d 1326 (9th Cir. 1996)
Annotate this CaseBefore: CANBY, NOONAN and LEAVY, Circuit Judges.
MEMORANDUM**
Vancile A. White, Jr., a California state prisoner, appeals pro se the dismissal without prejudice of his 28 U.S.C. § 2254 habeas corpus petition. White contends the district court erred by finding that he had not exhausted state remedies. We affirm because the California Supreme Court recently dismissed the same claims set forth in White's federal habeas petition "for failure to allege sufficient facts," citing In re Swain, 34 Cal. 2d 300, 304 (1949), which holds that facts relied on in a California habeas petition must be alleged with particularity. See Rose v. Lundy, 455 U.S. 509 (1982)); Kim v. Villalobos, 799 F.2d 1317, 1319 (9th Cir. 1986).
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
Because we affirm the dismissal of the petition 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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