John Ellis Huber v. Robert Borg

5 F.3d 537 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Ellis HUBER, Petitioner-Appellant, v. Robert BORG, Respondent-Appellee. No. 92-16896. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 13, 1993. Decided Sept. 22, 1993. Appeal from the United States District Court, for the Northern District of California, D.C. No. CV-89-20073-JW; James Ware, District Judge, Presiding. N.D.Cal. AFFIRMED. Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE, Senior District Judge. * MEMORANDUM ** John Ellis Huber appeals from the district court's denial of his application for a writ of habeas corpus under 28 U.S.C. Sec. 2254 , and, further, the district court's denial of his request for an evidentiary hearing. The matter is before the Court pursuant to the district court's issuance on July 30, 1992, of a certificate of probable cause to appeal. On appeal petitioner first asserts that the district court erred in its determination that the state trial…