Gregory Stewart Storey v. Idaho State Correctional Institution

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregory Stewart STOREY, Petitioner-Appellant, v. IDAHO STATE CORRECTIONAL INSTITUTION, Respondent-Appellee. No. 93-36091. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 30, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gregory Stewart Storey, an Idaho state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Storey was convicted of robbery, battery with intent to commit murder, and use of a firearm to commit a felony. Story contends that his motion for acquittal should have been granted on the basis of mental disease, and that his sentence for robbery was excessive. The district court determined that Storey had procedurally defaulted these claims. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . 1 We review de novo, Thomas v. Lewis, 945 F.2d 1119, 1122 (9th…