James D. MacIel v. Eddie Ylst, Warden Attorney General of the State of California

8 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 D. MACIEL, Petitioner-Appellant, v. Eddie YLST, Warden; Attorney General of the State of California, Respondents-Appellees. No. 92-56283. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Sept. 29, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 James Dario Maciel, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Finding that Maciel's claims were without merit, the district court denied Maciel's petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. 3 We review de novo the district court's denial of a petition for habeas corpus. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). Factual findings by state trial and appellate courts are presumed to be correct, pursuant to 28 U.S.C. § 2254 (d), unless one of the eight…