Robert A. Smith v. Alicemarie H. Stotler

972 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert A. SMITH, Petitioner-Appellant, v. Alicemarie H. STOTLER, et al, Respondent-Appellee. No. 91-55560. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 16, 1992. Before CHAMBERS, SNEED and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Robert A. Smith appeals the denial of his habeas corpus petition in which he alleged that Judge Stotler and Magistrate Rose improperly denied his earlier habeas corpus petition. In denying his habeas petition, the district court held that Smith had failed to name the proper respondent or state grounds upon which habeas relief could be granted. We affirm. 3 Robert Smith was convicted on multiple counts of rape and burglary, which resulted in a state prison sentence of 32 years. After exhausting his state remedies, Smith filed a habeas corpus petition alleging that he was denied effective legal assistance at trial and on appeal. In…