Franklin D. Roof v. Manred Maass, Superintendent, Oregon 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Franklin D. ROOF, Petitioner-Appellant, v. Manred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 93-35014. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 7, 1994. Decided April 29, 1994. Before: POOLE and TROTT, Circuit Judges, and KING, * District Judge. MEMORANDUM ** Petitioner, an Oregon state prisoner, appeals the second dismissal of his petition for a writ of habeas corpus. He was convicted of burglary, rape and sodomy in 1985. After unsuccessfully appealing his conviction in state court, petitioner filed a habeas corpus petition which was denied by the district court in 1991. This court heard his appeal and on September 22, 1992, found that petitioner's due process rights had been violated by the admission of identification testimony based on a suggestive pretrial identification and remanded to the district court to determine whether the admission of the…