Robert Thomas Depki v. George Sumner

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Thomas DEPKI, Petitioner-Appellant, v. George SUMNER, et al., Respondents-Appellees. No. 91-15816. United States Court of Appeals, Ninth Circuit. Submitted Dec. 18, 1992. * Decided Feb. 23, 1993. Appeal from the United States District Court for the District of Nevada, No. CV-89-250-ECR; Edward C. Reed, District Judge, Presiding. D.Nev. AFFIRMED. Before WILLIAM A. NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 In 1979, Depki picked up a hitchhiker, forced him at gunpoint to perform various sexual acts, robbed him, and shot him. He was convicted and sentenced in state court in Nevada for several crimes he committed in the course of that incident, appealed, and lost. The case before us arises out of a habeas corpus petition he filed in United States District Court in 1989. The district court dismissed his petition on July 31, 1990, finding that Depki had procedurally defaulted on his claims…