Dawud Halisi Malik v. Kenneth Ducharme

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dawud Halisi MALIK, Petitioner-Appellant, v. Kenneth DUCHARME, Respondent-Appellee. No. 91-36264. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1992. * Decided Aug. 12, 1992. Before ALARCON, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Dawud Malik appeals the district court's denial of his fourth petition for a writ of habeas corpus. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . We review the district court's denial de novo, Harris v. Vasquez, 949 F.2d 1497, 1510 (9th Cir.1990), cert. denied, 112 S.Ct. 1275 (1992), and we affirm. 3 * In his petition, Malik claims that he received ineffective assistance of counsel at his trial because his attorney failed to call certain alibi witnesses, and that he was subject to an unduly suggestive line-up. The district court adopted the magistrate judge's report and recommendation and rejected both claims. 4 The…