David Litmon, Jr. v. Eddie Ylst

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David LITMON, Jr., Petitioner-Appellant, v. Eddie YLST, Respondent-Appellee. No. 94-16385. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. MEMORANDUM ** David Litmon, Jr., a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. In 1982, Litmon was sentenced to 34 years' imprisonment after being convicted of rape, oral copulation by force, and lewd and lascivious conduct upon a child. Litmon contends that the district court erred when it dismissed his petition on abuse of the writ grounds. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . After accepting the district court's factual findings unless clearly erroneous and reviewing its conclusions of law de novo, Jones v. Meyer, 899 F.2d 883, 884 (9th Cir.), cert. denied, 498 U.S. 832 (1990), we affirm.…