James Lee White v. Bob Goldsmith

5 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Lee WHITE, Petitioner-Appellant, v. Bob GOLDSMITH, et al., Respondent-Appellee. No. 92-16733. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided Aug. 26, 1993. 1 Appeal from the United States District Court for the District of Arizona; No. CV-90-00185-EHC, Earl H. Carroll, District Judge, Presiding. 2 D.Ariz. 3 AFFIRMED. 4 Before HUG and LEAVY, Circuit Judges, and REAL, ** Chief District Judge. 5 MEMORANDUM *** 6 James Lee White challenges the district court's denial of his petition for a writ of habeas corpus. We review de novo a district court's decision to grant or deny a habeas petition. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). We review the district court's factual findings, however, for clear error. Id. 7 The district court's jurisdiction was based upon 28 U.S.C. Sec. 2254 . We exercise jurisdiction over this timely appeal pursuant to 28 U.S.C. Secs. 1291 and…