Bernard Lee Hamilton v. Daniel Vasquez, Warden of San Quentin the Attorney General of the State of California

SCHROEDER, Circuit Judge:

Bernard Hamilton, a California state prisoner sentenced to death, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. The case arises from Hamilton’s conviction in San Diego County Superior Court for first degree murder, burglary, robbery and kidnapping in violation of Cal.Penal Code §§ 187, 459, 211, 207, and his sentence *1152to death. He also appeals from the denial of his Rule 60(b) motion asking the district court to consider, as part of his original petition for habeas relief, claims that he had failed to exhaust during the pendency of the…