Gabriel R. Toruno v. People of the State of California

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gabriel R. TORUNO, Petitioner-Appellant, v. PEOPLE OF the STATE OF CALIFORNIA, Respondent-Appellee. No. 93-17020. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel R. Toruno appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court found that Toruno had procedurally defaulted his claims and failed to demonstrate cause for his default and prejudice from the alleged errors. Toruno contends that the district court erroneously found that he had procedurally defaulted his federal claims. Alternatively, Toruno argues that he has demonstrated cause and prejudice. We have jurisdiction pursuant to 28 U.S.C. Secs. 1291 , 2253. We affirm. 3 We review de novo the district court's decision on a petition for a writ of habeas corpus.…