Cartwright v. Cupp

9th Cir.

Court: United States Court of Appeals for the Ninth Circuit

Citations: 650 F.2d 1103, 1981 U.S. App. LEXIS 11523

Decision Date: 7/13/1981

Docket Number: No. 80-3502

Jurisdiction: U.S.

Bluebook Citation: Cartwright v. Cupp, 650 F.2d 1103, 1981 U.S. App. LEXIS 11523 (9th Cir. 1981)

More Cases: 9th Cir. decisions from 1981

Dennis Lee CARTWRIGHT, Plaintiff-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Defendant-Appellee.

Attorneys

Dennis Lee Cartwright, pro se.
Rudolph S. Westerband, Asst. U. S. Atty., Salem, Or., for defendant-appellee.

majority PER CURIAM.

Dennis Lee Cartwright pled guilty to murder and was sentenced to life imprisonment. After being denied an early parole, he commenced state post-conviction proceedings alleging constitutional defects in his guilty plea.

After taking his state court remedies to the intermediate appellate level without success, he brought federal habeas corpus proceedings and now appeals a summary judgment in favor of the state. While Cartwright alleges that he has exhausted his state court remedies, there is nothing in the record to show that he sought review in the Oregon Supreme Court. He recites only that he appealed to the Oregon Court of Appeals. The district court should have dismissed the petition for failure to exhaust. 28 U.S.C. § 2254(b). See Carothers v. Rhay, 594 F.2d 225, 228 (9th Cir. 1979); Williams v. Nelson, 431 F.2d 932 (9th Cir. 1970).

Affirmed.

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