Merle L. Royse v. Tana Wood, Superintendent, Washington State Penitentiary

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Merle L. ROYSE, Petitioner-Appellant, v. Tana WOOD, Superintendent, Washington State Penitentiary, Respondent-Appellee. No. 93-35413. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1994. Decided May 4, 1994. Before: WRIGHT, SCHROEDER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Royse was convicted in 1977 of First Degree Rape. He was sentenced to life in prison. The Board of Prison Terms and Paroles (now the Indeterminate Sentence Review Board) gave him a 30-year minimum term. The Board later lowered his minimum to 180 months. 3 Royse has filed numerous state habeas petitions. Most have been denied on state procedural grounds. He filed his first federal petition in 1987. The district court dismissed it on the merits. In his latest petition, he raises six claims. The district court adopted the magistrate's report and recommendation. It dismissed claims 1(a) and 4 as successive; claims 1(b), 2…