Candelaria v. Gomez

52 F.3d 332 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stephen CANDELARIA, Petitioner-Appellant, v. James H. GOMEZ, Director, California Department of Corrections; J.S. Stainer, Warden, California Correctional Institute, Tehachapi, Respondents-Appellees. No. 94-55204 United States Court of Appeals, Ninth Circuit. Submitted April 7, 1995. * Decided April 19, 1995. Appeal from the United States District Court, for the Central District of California, D.C. No. CV-93-00676-GLT; Gary L. Taylor, District Judge, Presiding. Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Stephen Candelaria (Candelaria) appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition, challenging his conviction for first-degree murder. We dismiss the appeal for failure to file a timely notice of appeal. FACTS AND PRIOR PROCEEDINGS 3 On October 29, 1993, the district court dismissed Candelaria's petition with prejudice. On December 10, 1993,…