Gary Paul Cassett v. Terry L. Stewart, Director

PAEZ, Circuit Judge.

Petitioner Gary Paul Cassett (“Cassett”) appeals from the district court’s dismissal with prejudice of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. In a previous appeal, we “remand[ed] to the district court with directions to dismiss the petition because Cassett failed to exhaust his federal due process claim in the Arizona state courts.” Cassett v. Stewart (Cassett I), 49 Fed.Appx. 154, 154 (9th Cir.2002) (unpublished disposition). On remand, the district court dismissed Cas-sett’s habeas petition with prejudice because it concluded that “the Court of…