Bobby Darrell COLBERT, Petitioner-Appellant, v. Jim McDONALD, Defendant-Appellee, 385 F. App'x 754

MEMORANDUM Washington state prisoner Bobby Darrell Colbert appeals pro se from the dis-triet court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. 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, 124 S.Ct. 1347, 158 L.Ed.2d 64 (2004). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.