Frank R. Borders v. Janet Barbour, Superintendent

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank R. BORDERS, Petitioner-Appellant, v. Janet BARBOUR, Superintendent, Respondent-Appellee. No. 94-35653. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 23, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Frank R. Borders, a Washington state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Borders challenged his 1981 conviction for rape and his 1983 conviction for assault. Borders contends that the district court: (1) erred by granting respondent's motion to dismiss on the grounds of abuse of the writ and procedural default; (2) failed to accord his petition the proper standard of review; (3) erred in refusing to appoint counsel and (4) abused its discretion in failing to conduct an evidentiary hearing. We have jurisdiction under 28 U.S.C. Sec. 2253 and affirm. 3 Borders filed his first…