Juan Garcia Montez v. Samuel Lewis

38 F.3d 1218 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juan Garcia MONTEZ, Petitioner-Appellant, v. Samuel LEWIS, ** et al., Respondents-Appellees. No. 94-15664. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 21, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Juan Garcia Montez, an Arizona state prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Montez claims that he was improperly denied a transcript while pursuing a state court petition for post-conviction relief. We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 Montez was convicted of first degree murder and armed robbery in Arizona superior court in 1982. His attorney was provided copies of the trial transcripts. The Arizona Court of Appeals and Supreme Court affirmed Montez's conviction. Montez then asked his attorney to forward the trial transcripts, but he never received them. Montez…