Eric J. Holden, Petitioner-appellant, v. Phillip Briggs, Department of Corrections, State of Alaska,respondent-appellee, 94 F.3d 651 (9th Cir. 1996)Annotate this Case
Submitted Aug. 7, 1996. *Decided Aug. 12, 1996
Before: GOODWIN, BRUNETTI and KOZINSKI, Circuit Judges.
The district court's dismissal of defendant's petition for habeas corpus is AFFIRMED. Defendant failed to exhaust state remedies. 28 U.S.C. §§ 2254(b). Defendant's failure to comply with Alaska's straightforward appellate procedures is not excusable under the circumstances, see Harmon v. Ryan, 959 F.2d 1457, 1462 (9th Cir. 1992), and defendant has not shown "cause" for his failure. Wainwright v. Sykes, 433 U.S. 72, 87 (1977).