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52 F. App'x 930

Phillips v. Huskey

U.S. Courts of Appeals

Decided December 10, 2002

U.S. Courts of Appeals · decided 2002-12-10

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Willie Lee Miles v. Kw Prunty Attorney General of the State of California · Sherwood v. Tomkins

Decided 2002-12-10

¶1MEMORANDUM

¶2Donald Gene Phillips appeals pro se the district court’s dismissal of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

¶3We reject Phillips’s contention that the district court erroneously dismissed his section 2254 petition for failure to exhaust state remedies. Phillips, in his section 2254 petition, raised four issues that were still pending in a state habeas proceeding. Accordingly, Phillips failed to show that he exhausted state remedies. See Sherwood v. Tomkins, 716 F.2d 632, 634 (9th Cir.1983) (holding that when an appeal of a *931state criminal conviction is pending, a would-be habeas petitioner must await the outcome of his appeal before his state remedies are exhausted).1

¶4AFFIRMED.

¶5 This disposition is not appropriate for publi*931cation and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

¶6. All outstanding motions are denied.

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