Marcus William Player v. B.J. Bunnell

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marcus William PLAYER, Petitioner-Appellant, v. B.J. BUNNELL, Respondent-Appellee. No. 92-55822. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1993. * Decided April 27, 1993. 1 Before: NOONAN and LEAVY, Circuit Judges, TANNER, ** Senior District Judge. 2 MEMORANDUM *** 3 Player appeals from the denial of his habeas petition as an abuse of the writ. We affirm. 4 A district court's denial of a petition for habeas relief is reviewed de novo. Harris v. Vasquez, 943 F.2d 930 (9th Cir.1990). 5 Factual findings are binding against petitioner unless "clearly erroneous." Maxwell v. Sumner, 673 F.2d 1031, 1036 (9th Cir.1982). 6 The government bears the burden of pleading petitioner's abuse of the writ. McCleskey v. Zant, --- U.S. ----, 111 S.Ct. 1454, 1457 , (9th Cir.1991). The government has done this by showing that petitioner did not raise in his previous habeas petition, claims which he now raises.…