Donnell Moore v. B.J. Bunnell, Superintendent Attorney General of California

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donnell MOORE, Petitioner-Appellant, v. B.J. BUNNELL, Superintendent; Attorney General of California, Respondents-Appellees. No. 93-56730. 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 Donnell Moore appeals pro se the district court's denial of his petition for writ of habeas corpus. Moore claims his convictions of first degree murder and attempted murder should be reversed because his trial counsel failed to investigate an alibi defense. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 We review de novo a district court's dismissal of a habeas petition. Zimmerlee v. Keeney, 831 F.2d 183, 185 (9th Cir.1987), cert. denied, 487 U.S. 1207 (1988). We review a district court's findings of fact for clear error. Carter v. McCarthy, 806 F.2d 1373, 1375 (9th Cir.1986), cert.…