WHITE v. LEWIS

No. 88-2455.

874 F.2d 599 (1989)

Willis WHITE, Petitioner/Appellant, v. Samuel A. LEWIS, et al., Respondents/Appellees.

United States Court of Appeals, Ninth Circuit.

Memorandum March 16, 1989.

Opinion May 8, 1989.


Attorney(s) appearing for the Case

Alex A. Gaynes, Law Office of Alex A. Gaynes, Tucson, Ariz., for petitioner-appellant.

Eric J. Olsson, Asst. Atty. Gen., Tucson, Ariz., for respondents-appellees.

Before GOODWIN, Chief Circuit Judge, ALARCON and NELSON, Circuit Judges.


GOODWIN, Chief Circuit Judge:

White appeals the dismissal of his petition for a writ of habeas corpus on the ground that White had not raised his claims on appeal in state court and had failed to show cause for the default and resulting prejudice. We affirm.

White's principal argument on appeal is that the state's motion to dismiss his petition was an improper pleading under the rules governing actions brought under 28 U.S.C. § 2254. A motion to dismiss...

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