NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 13 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
RYLAND D. SCHUSTER, No. 08-35944
Petitioner - Appellant, D.C. No. 1:05-cv-00154-EJL
v.
MEMORANDUM *
RANDY BLADES, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Argued and Submitted November 5, 2009
Portland, Oregon
Before: KOZINSKI, Chief Judge, FISHER and PAEZ, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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.
AFFIRMED.
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