Darrell White v. Wayne Estelle

892 F.2d 1048 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darrell WHITE, Petitioner-Appellant, v. Wayne ESTELLE, Respondent-Appellee. No. 89-15256. United States Court of Appeals, Ninth Circuit. Submitted Dec. 12, 1989. * Decided Jan. 4, 1990. Before CHOY, TANG and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Darrell White appeals pro se from the district court's order denying White's Fed.R.Civ.P. 60(b) motion for relief from a judgment. The judgment from which White seeks relief is the denial of his application for writ of habeas corpus. We affirm. FACTS 3 In 1981, a jury in California convicted White of rape, oral copulation, four counts of kidnapping, assault with a deadly weapon, and attempted rape. On July 8, 1983 the California Court of Appeal affirmed the convictions, but remanded the case to the Superior Court for resentencing. White was then sentenced to nineteen years imprisonment. 4 White filed two petitions for habeas corpus relief in federal…