Ryland Schuster v. Randy Blade, No. 08-35944 (9th Cir. 2009)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT NOV 13 2009 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS RYLAND D. SCHUSTER, Petitioner - Appellant, No. 08-35944 D.C. No. 1:05-cv-00154-EJL v. MEMORANDUM * RANDY BLADES, Warden, Respondent - Appellee. Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Argued and Submitted November 5, 2009 Portland, Oregon Before: KOZINSKI, Chief Judge, FISHER and PAEZ, Circuit Judges. Schuster failed to properly exhaust his claims before the Idaho state courts. See Lindquist v. Gardner, 770 F.2d 876, 877 (9th Cir. 1985) (holding that to exhaust claims, [a] petitioner must present his claim to the state courts on direct appeal, or through collateral proceedings ). Thus, his claims are procedurally * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. defaulted. See Idaho Code Ann. § 19-4902 (establishing a one year statute of limitations on post-conviction actions brought under the Idaho Uniform PostConviction Procedure Act). Nor has Schuster presented sufficient evidence that either his attorney or the Idaho Supreme Court caused his default. Accordingly, the procedural defaults are not excused, and the district court did not err in dismissing Schuster s claims with prejudice. AFFIRMED. -2-

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