Cecil T. Kinkade v. James Thomas, Warden Attorney General of the State of Arizona

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cecil T. KINKADE, Petitioner-Appellant, v. James THOMAS, Warden; Attorney General of the State of Arizona, Respondents-Appellees. No. 93-16711. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 9, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Cecil Thurman Kinkade appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Kinkade alleges that he was never arraigned and, therefore, the trial court was without jurisdiction to convict him of first-degree murder and robbery. We have jurisdiction pursuant to 28 U.S.C. Secs. 1291 , 2253. We affirm. 3 The decision whether to grant or deny a petition for habeas corpus is reviewed de novo. Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 111 S.Ct. 1818 (1993). To the extent it is necessary to review the…