Leonard John Hodgson v. Daniel Vasquez

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leonard John HODGSON, Petitioner-Appellant, v. Daniel VASQUEZ, et al., Respondents-Appellees. No. 94-16249. United States Court of Appeals, Ninth Circuit. Submitted Jan. 11, 1995. * Decided Jan. 24, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. MEMORANDUM ** Leonard John Hodgson, a California state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. Hodgson was convicted of rape and oral copulation. He contends the district court erred when it denied 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. Absent cause and prejudice or a fundamental miscarriage of justice, new claims raised in…