Chester Clyde Robnett v. James Blodgett, Superintendent, Oregon Department of Corrections

977 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Chester Clyde ROBNETT, Petitioner-Appellant, v. James BLODGETT, Superintendent, Oregon Department of Corrections, Respondent-Appellee. No. 91-35397. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Chester Clyde Robnett appeals the district court's grant of summary judgment against Robnett in connection with his petition for habeas corpus under 28 U.S.C. § 2254 (1988). We affirm. STANDARD OF REVIEW 3 A grant of summary judgment is reviewed de novo. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'n, 809 F.2d 626 , 629 (9th Cir.1987). The appellate court's review is governed by the same standard used by the trial court under Federal Rule of Civil Procedure 56(c). Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). The appellate court must determine, viewing the evidence in…