Dennis Richard Brooks v. Manfred Maass, Superintendent

9 F.3d 1550 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis Richard BROOKS, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 93-35328. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Nov. 10, 1993. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Dennis Brooks appeals the district court's denial of his habeas corpus petition. Brooks argues that the district attorney's decision to prosecute him for escape was arbitrary and did not treat him equally to others similarly situated, and thus violated Brooks' due process and equal protection rights. 3 Brooks does not contend that the decision to prosecute him was due to his inclusion in a particular class. The Supreme Court has held that prosecution decisions that are not based on some discriminatory classification do not violate equal protection. Oyler v. Boles, 368 U.S. 448, 456 (1962). Although this court has recognized that a…