Opinion
No. 08-35944.
Argued and Submitted November 5, 2009.
Filed November 13, 2009.
Elisa G. Massoth, Esquire, Elisa G. Massoth, PLLC, Payette, ID, for Petitioner-Appellant.
L. Lamont Anderson, Office of Attorney General, Jessica Marie Lorello, AGID — Office of the Idaho Attorney General, Boise, ID, for Respondent-Appellee.
Appeal from the United States District Court for the District of Idaho, Edward J. Lodge, District Judge, Presiding. D.C. No. 1:05-cv-00154-EJL.
Before: KOZINSKI, Chief Judge, FISHER and PAEZ, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Schuster failed to properly exhaust his claims before the Idaho state courts. See Lindquist v. Gardner, 770 F.2d 876, 877 (9th Cir. 1985) (holding that to exhaust claims, "[a] petitioner must present his claim to the state courts on direct appeal, or through collateral proceedings"). Thus, his claims are procedurally defaulted. See Idaho Code Ann. § 19-4902 (establishing a one year statute of limitations on post-conviction actions brought under the Idaho Uniform Post-Conviction Procedure Act). Nor has Schuster presented sufficient evidence that either his attorney or the Idaho Supreme Court caused his default. Accordingly, the procedural defaults are not excused, and the district court did not err in dismissing Schuster's claims with prejudice.