Frank Adrian Lewis v. Manfred Maass, Superintendent

12 F.3d 1107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Adrian LEWIS, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 92-35089. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1993. * Decided Nov. 19, 1993. 1 Before: PREGERSON, KLEINFELD, Circuit Judges, and INGRAM, District Judge. ** 2 MEMORANDUM *** 3 Lewis was convicted in Oregon state court of forgery, unauthorized use of a vehicle, and theft. He had used a forged cashier's check to buy a Rolls-Royce. He was convicted on December 6, 1990, and filed a timely notice of appeal. 4 Lewis's lawyer did not file an opening brief, so his appeal was dismissed on June 14, 1991. But Lewis still had a state remedy available, a petition for state post-conviction relief. Or.Rev.Stat. Sec. 138.510. He had 120 days from the day his appeal was dismissed to apply for such relief. Or.Rev.Stat. Sec. 138.510(2). 5 Instead of filing for state post-conviction relief, Lewis petitioned…