Bobby Reed Magby v. Donald Wawrzaszek and the Attorney General of the State of Arizona

Bobby Magby appeals a judgment of the United States District Court for the District of Arizona dismissing his petition for habeas corpus under 28 U.S.C. § 2254 (1982). This is Magby’s second federal habeas petition. The district court denied the first one, Magby v. Moran, Civ. No. 77-744r-Phx-WPC (D.Ariz. Jan. 3, 1978) (unpublished memorandum and order), and another panel of our court affirmed by memorandum, Magby v. Moran, 605 F.2d 562 (9th Cir.1979) (mem.), cert, denied, 444 U.S. 1016 , 100 S.Ct. 669 , 62 L.Ed.2d 646 (1980).

In renewing the attack on his conviction for murder and subsequent imprisonment in Arizona, Magby raises essentially five arguments. The district court dismissed each one. Magby v. Wawrzaszek, Civ. No. 83-728-Phx-WPC (D.Ariz. Nov. 14, 1983). On appeal, the relevant law precludes us from considering all but one of these arguments because Magby has failed either to overcome the pertinent rules governing re-litigation of the same federal habeas claim, see Fed.Habeas R. 9(b), or to comport with the standards governing procedural default outlined in Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977). Therefore, as to the four precluded…