Nathaniel E. Usher v. Daniel Vasquez, Warden

974 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nathaniel E. USHER, Petitioner-Appellant, v. Daniel VASQUEZ, Warden, Respondent-Appellee. No. 91-16603. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Sept. 11, 1992. As Amended on Denial of Rehearing Oct. 9, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** Overview 2 Nathaniel Usher appeals the district court's dismissal of his habeas corpus petition. Usher claims that he did not receive constitutionally adequate notice in state court that he would be tried for first degree murder on a felony murder theory. 3 This court has jurisdiction pursuant to 28 U.S.C. section 2253 , and we affirm the dismissal. Background 4 Usher was convicted of first degree murder in California state court. This petition is the last in a series of petitions filed over the last seven years. Previous petitions were denied either on the merits or because Usher failed to…