Theodore C. Shove v. James Upchurch

Good Law
977 F.2d 591·1992 WL 258904·1992 U.S. App. LEXIS 36350
United States Court of Appeals for the Ninth CircuitOctober 2, 199291-16836California518 words

Opinion

Opinion

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theodore C. SHOVE, Petitioner-Appellant, v. James UPCHURCH, et al., Respondent-Appellee. No. 91-16836. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992 * Decided Oct. 2, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Shove, an Arizona state prisoner, appeals pro se from an order of the district court barring him from filing any further pleadings without the court's permission. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm. 3 On July 17, 1991, the district court rejected Shove's motion under Federal Rule of Civil Procedure 59(e) to set aside its judgment denying Shove's habeas petition. On September 17, 1991, the district court denied Shove's "Motion for Clarification of Judgment and Points of Authority and Motion for Hearing on Obstruction of Justice and…

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