HENDERSON v. LAMPERT

No. 03-35738.

396 F.3d 1049 (2005)

John K. HENDERSON, Petitioner-Appellant, v. Robert O. LAMPERT, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2005.


Attorney(s) appearing for the Case

Barbara L. Creel, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.

Hardy Myers, Attorney General for Oregon, Mary H. Williams, Solicitor General for Oregon, and Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent-appellee.

Before: WALLACE, GOULD, and BERZON, Circuit Judges.


WALLACE, Senior Circuit Judge.

State prisoner Henderson appeals from the district court's judgment denying his habeas petition. The district court had jurisdiction under 28 U.S.C. § 2254, and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253. Because the petition raises the same claims Henderson raised in an earlier petition that was dismissed on grounds of state procedural default, and because he cannot now challenge the grounds...

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