Linschoten v. Nevada Dept. of Prisons
Linschoten v. Nevada Dept. of Prisons
Opinion of the Court
MEMORANDUM
Michael John Linschoten, a Nevada state prisoner serving a sentence for attempted robbery, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253, we review de novo, see Coe v. Thurman, 922 F.2d 528, 530 (9th Cir. 1990), and we affirm.
Linschoten contends the district court erred by dismissing his § 2254 petition for failure to exhaust his state remedies, because the failure to do so is excused by the Nevada Supreme Court’s ongoing delay in addressing his appeal from the denial of his petition for post-conviction relief.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. It is unclear from the record whether petitioner actually filed an appeal in the Nevada Supreme Court.
. Respondents’ motion to strike the exhibits filed in support of Petitioner’s opening brief is denied.
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