U.S. Court of Appeals for the Ninth Circuit, 2010

Bobby Colbert v. Jim Mcdonald

Bobby Colbert v. Jim Mcdonald
U.S. Court of Appeals for the Ninth Circuit · Decided July 1, 2010 · Alarcón, Leavy, Graber
385 F. App'x 754

Bobby Colbert v. Jim Mcdonald

Opinion

MEMORANDUM **

Washington state prisoner Bobby Darrell Colbert appeals pro se from the dis- *755 triet court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Colbert contends that the trial court’s denial of his motion to sever the two unrelated rape charges for trial denied his due process right to a fair trial. We do not reach the merits of this claim, however, because Colbert failed to exhaust it in state court. See 28 U.S.C. § 2254(b)(1)(A); see also Hiivala v. Wood, 195 F.3d 1098, 1106-07 (9th Cir. 1999); Baldwin v. Reese, 541 U.S. 27, 32, 124 S.Ct. 1347, 158 L.Ed.2d 64 (2004).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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