Opinion
No. 07-15170.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 2, 2008.
Joseph Danny Prophet, Jamestown, CA, for Petitioner-Appellant.
Appeal from the United States District Court for the Eastern District of California, Morrison C. England, District Judge, Presiding. D.C. No. CV-06-02160-MCE.
Before: ALARCÓN, LEAVY, and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner Joseph Danny Prophet appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2254 habeas petition for failure to exhaust state remedies. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
The district court properly dismissed the action because Prophet did not exhaust his state court remedies before filing a petition in the district court. See Davis v. Silva, 511 F.3d 1005, 1008 (9th Cir. 2008).