Calvin W. Stephens v. City and County of San Francisco and Their Attorney John K. Van De Kamp, Attorney General of California

954 F.2d 727 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Calvin W. STEPHENS, Petitioner-Appellant, v. CITY AND COUNTY OF SAN FRANCISCO; and their attorney John K. Van De Kamp, Attorney General of California, Respondent-Appellee. No. 90-15913. United States Court of Appeals, Ninth Circuit. Submitted Aug. 14, 1991. * Decided Feb. 13, 1992. Before JAMES R. BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Calvin W. Stephens, a California state prisoner, appeals the district court's denial of his petition for writ of habeas corpus. Stephens was convicted of second-degree murder and is serving a sentence of 15 years to life imprisonment. We have jurisdiction under 28 U.S.C. § 2253 and we affirm. DISCUSSION 3 I. District Court's Review of Stephens' Petition 4 Stephens first contends he was denied due process of law when the district court reviewed his second habeas petition (No. 86-0903-DLJ) without recognizing that the second petition included by reference…