William Merlin Goucher v. Eddie Yist, Warden Attorney General of California

39 F.3d 1187 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Merlin GOUCHER, Petitioner-Appellant, v. Eddie YIST, Warden; Attorney General of California, Respondents-Appellees. No. 93-56671. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 8, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 William Merlin Goucher appeals pro se the district court's dismissal of his habeas corpus petition brought under 28 U.S.C. Sec. 2254 . He contends that the prosecution knowingly used perjured testimony at his trial, and the district court erroneously denied his habeas corpus petition without an evidentiary hearing. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo the district court's denial of a habeas corpus petition, Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 113 S.Ct. 1818 (1993), and we affirm. 3 Barlow was briefly housed in the same jail cell as…