Kenneth Peeler v. James Blodgett

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth PEELER, Petitioner-Appellant, v. James BLODGETT, Respondent-Appellee. No. 91-36179. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 18, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Kenneth Peeler appeals pro se the district court's dismissal of his second habeas corpus petition under 28 U.S.C. § 2254 challenging his first degree robbery conviction. Peeler argues that the district court erred in dismissing his petition pursuant to Rule 9(b) of the Rules Governing Section 2254 Cases in the United States District Courts. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the denial of a petition for habeas corpus. Campbell v. Kincheloe, 829 F.2d 1453, 1457 (9th Cir.1987), cert. denied, 488 U.S. 948 (1988). We affirm. 3 Peeler was convicted in Washington state court of two counts of first…