James Norton v. Eddie R. Myers, Warden

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James NORTON, Petitioner-Appellant, v. Eddie R. MYERS, Warden, et al., Respondent-Appellee. No. 90-55094. United States Court of Appeals, Ninth Circuit. * Submitted Sept. 9, 1991 * Decided Sept. 13, 1991. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 James Norton appeals the dismissal of his habeas corpus petition brought under 28 U.S.C. §§ 2241 & 2254. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm. 3 * Norton was charged with burglary and tried in California Superior Court. He is black. During voir dire, the prosecutor accepted four black jurors, but used eight of eighteen peremptory challenges to dismiss additional blacks. After the prosecutor exercised his eighteenth peremptory challenge, defense counsel objected, contending that the prosecutor's peremptory challenges had been racially motivated, and requested a hearing under Wheeler v.…