Hector Castellon v. Harol Whitley

978 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector CASTELLON, Petitioner-Appellant, v. Harol WHITLEY, Respondent-Appellee. No. 91-15042. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1992. * Decided Nov. 10, 1992. Before CHOY, NOONAN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Castellon is a habeas petitioner who seeks review of the district court's denial of a motion to vacate judgment. We dismiss Castellon's appeal because the district court lacked jurisdiction to deny this motion. 3 In 1984 Castellon was convicted in a Nevada court of murder, robbery and kidnapping. Castellon filed a petition in federal district court for writ of habeas corpus, which was denied in March 1990. Castellon then appealed the district court's denial of his habeas petition to this court. 1 4 In June 1990, Castellon applied to this court for a stay of his appeal to allow him to file a Fed.R.Civ.P. 60(b) motion in district court. This court…