John H. Chivars v. Robert G. Borg

34 F.3d 1071 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John H. CHIVARS, Petitioner-Appellant, v. Robert G. BORG, Respondent-Appellee. No. 94-15428. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 12, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Chivars, a California state prisoner, appeals pro se the district court's denial of his petition for writ of habeas corpus. Chivars is serving a sentence of 25 years to life for first-degree murder. He claims the district court should have appointed counsel and held an evidentiary hearing to consider the thirteen ways in which, he alleges, his trial and appellate counsel were ineffective. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 A petitioner has no constitutional right to counsel in collateral postconviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). The district court may appoint counsel at its…