Nicky William Woodall v. James Rowland

26 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nicky William WOODALL, Petitioner-Appellant, v. James ROWLAND, Respondent-Appellee. No. 93-16106. United States Court of Appeals, Ninth Circuit. Submitted April 15, 1994. 1 Decided June 2, 1994. 1 Before: NORRIS and O'SCANNLAIN, Circuit Judges and COUGHENOUR, District Judge. 2 MEMORANDUM 3 2 Nicky Woodall was convicted of first degree murder. After exhausting his state court remedies, Woodall filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 . The district court adopted the findings and recommendations of the magistrate judge and denied the petition. Upon a motion by Woodall, the district court issued a certificate of probable cause to appeal. This timely appeal followed. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we affirm. I. 3 A district court's denial of a petition for a writ of habeas corpus is reviewed de novo. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991).…