Kim L. Owens v. Robert G. Borg, Warden

963 F.2d 379 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kim L. OWENS, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee. No. 88-6623. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1992. Decided May 13, 1992. Before TANG, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Kim L. Owens is a California state prisoner. Owens petitioned for a writ of habeas corpus alleging that incriminating statements he made to a fellow inmate, later used by the state to convict him of robbery and assault, were obtained in violation of his Sixth Amendment right to counsel and Miranda v. Arizona, 384 U.S. 436 (1966). The district court dismissed the petition and Owens appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. 3 * We review de novo the district court's dismissal of a habeas corpus petition. Chatman v. Marquez, 754 F.2d 1531, 1533-34 (9th Cir.), cert. denied, 474 U.S. 841 (1985). We apply a clearly…