Monroe Jones v. Daniel Vasquez

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monroe JONES, Petitioner-Appellant, v. Daniel VASQUEZ, Respondent-Appellee. No. 94-16176. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Monroe Jones, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition. Jones contends the district court erred when it denied his petition on the grounds that his ineffective assistance claim was frivolous and his Faretta claim was procedurally barred. We have jurisdiction pursuant to 28 U.S.C. Sec. 2553 . After reviewing the district court's conclusions of law de novo, Jones v. Meyer, 899 F.2d 883, 884 (9th Cir.), cert. denied, 498 U.S. 832 (1990), we vacate and remand. 3 On January 25, 1991, Jones was convicted by jury of one count of anal penetration by a foreign object and three counts of…