Tolliver Lyons v. Peggy Kiernan, and Dan Lungren, Attorney General of the State of California, Tolliver Lyons v. Peggy Kiernan

Good Law
26 F.3d 131·1994 U.S. App. LEXIS 21646
United States Court of Appeals for the Ninth CircuitJune 9, 199493-17292California1,082 words

Opinion

Opinion

26 F.3d 131 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tolliver LYONS, Petitioner-Appellant, v. Peggy KIERNAN, and Dan Lungren, Attorney General of the State of California, Respondents-Appellees. Tolliver LYONS, Petitioner-Appellant, v. Peggy KIERNAN, et al., Respondents-Appellees. Nos. 93-17292, 93-17308. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided June 9, 1994. 1 Before: WALLACE, Chief Judge, CANBY, Circuit Judge, and KELLEHER, ** District Judge. MEMORANDUM 2 Lyons was convicted in California state court of robbery and attempting to dissuade a witness. He filed two habeas corpus petitions pursuant to 28 U.S.C. Sec. 2254 , raising three challenges to his incarceration. The magistrate judge determined that the second petition was not an abuse of the writ, consolidated the cases, and after careful analysis rejected each argument. The district court adopted the magistrate judge's findings and conclusions, and denied the petitions.…

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