Vance Allen McFarland v. Eastern Washington Prerelease

Good Law
993 F.2d 883·1993 WL 147306
United States Court of Appeals for the Ninth CircuitMay 7, 199392-35527California408 words

Opinion

Opinion

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vance Allen MCFARLAND, Petitioner-Appellant, v. EASTERN WASHINGTON PRERELEASE, et al., Respondent-Appellee. No. 92-35527. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1993. Decided May 7, 1993. Before WRIGHT, ALARCON and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Vance Allen McFarland appeals the denial of his petition for a writ of habeas corpus. He claims the Washington Department of Corrections miscalculated his good time credits for time served in the Clark County jail. We affirm the denial of the petition. 3 The district court held McFarland's claim was procedurally defaulted under state law. "[A]n adequate and independent finding of procedural default will bar federal habeas review of the federal claim, unless the habeas petitioner can show 'cause' for the default and 'prejudice attributable thereto,' or demonstrate that failure to consider the federal claim will result in a 'fundamental…

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