PETERSON v. LAMPERT

No. 00-35897.

277 F.3d 1073 (2002)

Eric Allen PETERSON, Petitioner-Appellant, v. Robert LAMPERT, Superintendent, Snake River Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2002.


Attorney(s) appearing for the Case

Marc Sussman, Portland, Oregon, for the petitioner-appellant.

Kathleen Cegla, Assistant United States Attorney, Salem, Oregon, for the respondent-appellee.

Before: PROCTER HUG, JR., THOMAS G. NELSON, and RONALD M. GOULD, Circuit Judges.


Argued and Submitted November 6, 2001 — Portland, Oregon.

T.G. NELSON, Circuit Judge:

Petitioner Eric Allen Peterson appeals the district court's denial and dismissal of his 28 U.S.C. § 2254 petition. We affirm the district court's decision on the ground that Peterson procedurally defaulted his federal ineffective assistance of counsel claim by failing to fairly present it to the Oregon Supreme Court.

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