FILED
NOT FOR PUBLICATION JUL 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BOBBY DARRELL COLBERT, No. 09-35537
Petitioner - Appellant, D.C. No. 2:08-cv-00870-RSL
v.
MEMORANDUM *
JIM MCDONALD,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, Chief District Judge, Presiding
Submitted June 29, 2010 **
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Washington state prisoner Bobby Darrell Colbert appeals pro se from the
district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 (2004).
AFFIRMED.
2 09-35537