Eric J. Holden, Petitioner-appellant, v. Phillip Briggs, Department of Corrections, State of Alaska,respondent-appellee, 94 F.3d 651 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 94 F.3d 651 (9th Cir. 1996)

Submitted Aug. 7, 1996. *Decided Aug. 12, 1996


Before: GOODWIN, BRUNETTI and KOZINSKI, Circuit Judges.


JUDGMENT ORDER** 

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).

 *

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