Ruchell Magee, and v. Louis S. Nelson, Warden, And

Ruchell MaGee is incarcerated at the California State Prison at San Quentin. Proceeding in propria persona, MaGee petitioned the United States District Court for the Northern District of California for a writ of habeas corpus. After the District Court ordered the respondent to show cause why a writ should not issue, the State Attorney General submitted a return, and MaGee, a traverse. The District Court then denied MaGee’s petition without a hearing, and MaGee appealed to this Court, which has jurisdiction of the appeal under 28 U.S. C. § 2253. We affirm the District Court’s decision.

MaGee contends, first, that he received an inaccurate transcript of his first trial and that prison officials interfered with his attempts to have this transcript corrected. Even if these allegations are true, MaGee does not appear to have suffered injury. His first conviction was reversed by the California District Court of Appeal, the allegedly inaccurate transcript notwithstanding. MaGee’s present incarceration is a result of his second trial, and the reporter’s transcript of that proceeding gives no indication that the transcript of the first trial was in any way used during the second…