Alberto Aduna Frias v. Eddie R. Myers

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alberto Aduna FRIAS, Petitioner-Appellant, v. Eddie R. MYERS, Respondent-Appellee. No. 91-15683. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1992. * Decided Jan. 14, 1993. Before CHAMBERS, HUG and RYMER, Circuit Judges. ** 1 MEMORANDUM *** 2 The issue in this case is whether Alberto Frias' pro se petition for a writ of habeas corpus was properly denied as successive. We affirm. 3 Frias, a California state prisoner, filed his first petition for a writ of habeas corpus ("Petition I") in federal district court pursuant to 28 U.S.C. § 2254 on November 8, 1988. Five claims were raised in the petition. First, Frias alleged that the state court improperly denied him release pending appeal. The next two claims alleged that the state court had discriminated against him by denying him the right to self-representation. The last two claims alleged ineffective assistance of counsel. On August 4,…