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RICHMOND v. RICKETTS

No. 84-1552.

730 F.2d 1318 (1984)

Willie Lee RICHMOND, Petitioner-Appellant, v. James R. RICKETTS, Director Arizona Department of Corrections; and Donald Wawrzaszek, Superintendent of the Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1984.

Attorney(s) appearing for the Case

Lawrence H. Fleischman, Tucson, Ariz., Timothy K. Ford, Seattle, Wash., for petitioner-appellant.

Jack Roberts, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before ALARCON, POOLE and BOOCHEVER, Circuit Judges.

ORDER

Pursuant to Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), we affirm the district court's order dismissing Richmond's petition for habeas corpus because it contained unexhausted constitutional claims which had not been presented to the Arizona courts. We vacate the district court's ruling which purported to decide the merits of the petition. Szeto v. Rushen, 709 F.2d 1340

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