Gary St. Hilaire v. Samuel A. Lewis, Director, Attorney General of the State of Arizona Maricopa County Sheriff's Office

29 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary ST. HILAIRE, Petitioner-Appellant, v. Samuel A. LEWIS, Director, Attorney General of the State of Arizona; Maricopa County Sheriff's Office, et al., Respondents-Appellees. No. 93-15900. United States Court of Appeals, Ninth Circuit. Submitted April 12, 1994. * Decided July 15, 1994. Before: SCHROEDER, D.W. NELSON, and CANBY, Circuit Judges. MEMORANDUM ** Gary St. Hilaire ("Appellant" or "Petitioner") appeals the denial of his petition for a writ of habeas corpus. For the reasons stated below, we affirm in part and dismiss in part. I. On the basis of the Arizona Court of Appeals' ruling in Appellant's second Rule 32 petition, the magistrate (whose finding the district court adopted without alteration) determined that petitioner's due process and disproportionate sentence claims were procedurally barred. See ER at 85, 92. Appellant argues that the Arizona court's procedural bar should not be respected for a…