Frank D. Hardin v. Robert G. Borg, Warden and John Van De Kamp

980 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank D. HARDIN, Petitioner-Appellant, v. Robert G. BORG, Warden and John Van De Kamp, Respondents-Appellees. No. 91-16301. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1992. * Decided Nov. 13, 1992. Before BOOCHEVER, NOONAN and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Hardin was convicted in California state court of four counts of lewd and lascivious conduct upon the body of a child under the age of fourteen years in violation of California Penal Code § 288(b). He was sentenced to thirty-nine years in state prison. The California Court of Appeal affirmed Hardin's conviction and the California Supreme Court denied his petition for review. 3 This petition for writ of habeas corpus followed. The district court adopted in full the United States Magistrate Judge's findings of fact and recommendation that the petition be denied. The district court later vacated its order to allow Hardin…