Bianchi v. Blodgett

925 F.2d 305 Kenneth A. BIANCHI, Petitioner-Appellant, v. James BLODGETT, Superintendent, Washington State Penitentiary; Department of Corrections of the State of Washington; Department of Corrections of the State of California, Respondents- Appellees. No. 89-35816. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1990. Decided Jan. 31, 1991. Paul J. Lyon, Walla Walla, Wash., for petitioner-appellant. John M. Jones, Deputy Atty. Gen., Olympia, Wash., Sharlene A. Honnaka, Asst. Atty. Gen., Los Angeles, Cal., for respondents-appellees. Appeal from the United States District Court for the Western District of Washington. Before SCHROEDER, FLETCHER and FARRIS, Circuit Judges. FLETCHER, Circuit Judge: 1 Kenneth Bianchi appeals the district court's dismissal without prejudice of his petition for habeas corpus. BACKGROUND 2 On October 19, 1979, petitioner pleaded guilty to two counts of murder and was sentenced to two consecutive life terms by the Superior Court of the State of Washington for Whatcom County. On October 22, 1979, in the Los Angeles County Superior Court, petitioner pleaded guilty to five counts of murder, one count of conspiracy to commit…