Paul Anthony Rupe v. Robert Glen Borg
Opinion
Opinion
996 F.2d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul Anthony RUPE, Petitioner-Appellant, v. Robert Glen BORG, Defendant-Appellee. No. 92-16017. United States Court of Appeals, Ninth Circuit. Submitted May 10, 1993. * Decided May 20, 1993. Before REINHARDT, TROTT, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Paul Anthony Rupe appeals the denial of his petition for habeas corpus arising from his conviction for first degree murder of his ex-wife, Natalie Rupe, and second degree murder of her friend, Debbie Robbins. The district court adopted the magistrate judge's recommendations in full, and Rupe raises several issues on appeal. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. 3 * Rupe first argues that his Fifth Amendment Due Process rights were violated because the police failed to obtain certain evidence. Specifically, Rupe points to the failure: (1) to take fingerprint samples of Natalie Rupe, Robbins, Robbins's brother, Robbins's cousin and his…