Raymond Earl Rigsby v. John Avenenti

Good Law
967 F.2d 590·1992 WL 144440·1992 U.S. App. LEXIS 24441
United States Court of Appeals for the Ninth CircuitJune 26, 199291-15756California2,577 words

Opinion

Opinion

967 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond Earl RIGSBY, Petitioner-Appellant, v. John AVENENTI, Respondent-Appellee. No. 91-15756. United States Court of Appeals, Ninth Circuit. Submitted June 23, 1992. * Decided June 26, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Raymond Earl Rigsby, an Arizona state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Rigsby contends that the district court erred by determining that federal review of his claims was barred because of a state procedural default. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 * PROCEDURAL BACKGROUND 4 Rigsby is currently serving a life sentence, which was imposed in 1986 when he was convicted of armed robbery. In his habeas petition, Rigsby challenged the prior convictions that were used to enhance his current sentence to life imprisonment. The…

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