Rene Mark Ayala v. James Gomez, Director

26 F.3d 129 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rene Mark AYALA, Petitioner-Appellant, v. James GOMEZ, Director, Respondent-Appellee. No. 93-16591. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 14, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Renee Mark Ayala, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Ayala is challenging his 1989 conviction for kidnapping, forcible oral copulation, and rape. We review de novo, Henry v. Estelle, 993 F.2d 1423, 1425 (9th Cir.1993), and vacate and remand. 3 A presumption of correctness attaches to a state court's factual findings but not to a state court's determinations of mixed questions of law and fact. 28 U.S.C. Sec. 2254 (d); Hamilton v. Vasquez, 882 F.2d 1469, 1470-71 (9th Cir.1989). A district court has a sua sponte duty to obtain and review the relevant portions of the…