Steven R. Schaaf v. Samuel Lewis

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven R. SCHAAF, Petitioner-Appellant, v. Samuel LEWIS, Respondent-Appellee. No. 94-16295. United States Court of Appeals, Ninth Circuit. Submitted June 15, 1995. * Decided June 19, 1995. Before: HUG, ALARCON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Steven R. Schaaf ("Schaaf") appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus challenging his murder conviction in the State of Arizona. The district court denied the petition in an order adopting a lengthy and well-considered report by the magistrate judge. Schaaf filed a timely notice of appeal, and the district court filed a certificate of probable cause. We have jurisdiction under 28 U.S.C. Sec. 2253 . We affirm the district court's dismissal of Schaaf's petition for a writ of habeas corpus. 3 First, Schaaf urges us to review the district court's initial order dismissing his petition without prejudice,…