Robert Doyle Murphy v. Manfred Maass, Superintendent, Oregon State Penitentiary

19 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Doyle MURPHY, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-35633. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 10, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Robert Doyle Murphy, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition. Murphy contends that the Oregon Board of Parole violated his due process rights when it extended his parole release date by applying an unconstitutionally vague standard. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993) and affirm. 3 Prior to addressing the merits of Murphy's appeal, we must first consider whether Murphy is in procedural default. The state contends that this court cannot consider Murphy's vagueness…