Kelly Hamilton v. Samuel Lewis, Director

24 F.3d 246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kelly HAMILTON, Petitioner-Appellant, v. Samuel LEWIS, Director, Respondent-Appellee. No. 93-16973. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 Kelly Hamilton, an Arizona state prisoner, appeals pro se the district court's summary judgment dismissing his second 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction following a guilty plea to first-degree murder. Hamilton contends the district court abused its discretion by determining that one of his claims could have been raised in his first petition, and that the ends of justice did not require consideration of two successive claims. Hamilton further argues that his contingent plea was made invalid by the setting aside of his brother's plea agreement. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 2 * Background 3 On…