Steven J. Kelley v. Robert Borg, Warden Attorney General of California

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven J. KELLEY, Petitioner-Appellant, v. Robert BORG, Warden; Attorney General of California, Respondents-Appellees. No. 92-55789. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Nov. 10, 1993. Before: WRIGHT, GOODWIN and HUG, Circuit Judges. 1 MEMORANDUM ** 2 California prisoner Steven J. Kelley appeals pro se the district court's denial with prejudice of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction of his timely appeal. 28 U.S.C. § 2253 . We affirm. 3 Kelley contends that the district court erred in (1) rejecting his ineffective assistance of counsel claim and (2) denying his request for dismissal without prejudice. 4 * We review de novo the court's decision to deny the petition, Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc) cert. denied, 113 S.Ct. 1818 (1993), and its conclusion that Kelley received effective…