Jeffery V.E. Modahl v. B.J. Bunnell

996 F.2d 1226 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jeffery V.E. MODAHL, Petitioner-Appellant, v. B.J. BUNNELL, et al., Respondent-Appellee. No. 92-16982. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided June 29, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jeffrey Modahl, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2254 petition for habeas corpus. The district court dismissed the petition without holding an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. Recanted Testimony 3 Modahl was convicted of ten counts of lewd and lascivious conduct with a child under age 14. The victim was his step-daughter. After the trial, the victim recanted her testimony, and stated that Modahl was not present when the molestation occurred. 1…