Walter B. Johnson v. Robert G. Borg, Warden

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Walter B. JOHNSON, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee. No. 93-16876. United States Court of Appeals, Ninth Circuit. Oct. 14, 1994. 1 Appeal from the United States District Court for the Northern District of California, No. CV-91-0365-VRW; Vaughn R. Walker, District Judge, Presiding. 2 Before: FARRIS and BEEZER, Circuit Judges, and MCLAUGHLIN, * District Judge. 3 MEMORANDUM ** 4 Walter Johnson, a California state prisoner, filed a second petition for habeas corpus under 28 U.S.C. Sec. 2254 alleging new claims not raised in his first petition, and three claims which he had attempted unsuccessfully to include in his first petition (the "Three Claims"). The district court dismissed Johnson's entire second petition as an abuse of the writ. Johnson appeals only the dismissal of the Three Claims. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review for an abuse of discretion a…