Paul Failla v. Eddie R. Myers, Warden

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul FAILLA, Petitioner-Appellant, v. Eddie R. MYERS, Warden, et al., Respondents-Appellees. No. 93-56120. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided July 18, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Paul Failla appeals pro se the dismissal of his 42 U.S.C. Sec. 2254 habeas petition challenging his conviction, based on a guilty plea, for burglary and a sex crime. Failla raises five claims on appeal which we address in turn. We affirm. 4 We review the dismissal of a habeas petition de novo. Dickson v. Sullivan, 849 F.2d 403, 405 (9th Cir.1988). Factual findings are reviewed for clear error. Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991). A. Photographic Identification 5 Failla contends that the district court erred in admitting a photographic identification at his preliminary hearing because the…