Danny Boyd v. State of Oregon Marion County Circuit Courthouse

61 F.3d 909 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Danny BOYD, Petitioner-Appellant, v. STATE of OREGON; Marion County Circuit Courthouse, Respondents-Appellees. No. 94-35875. United States Court of Appeals, Ninth Circuit. Submitted July 17, 1995. * Decided July 20, 1995. Appeal from the United States District Court for the District of Oregon, No. CV-93-01268-MFM; Malcolm F. Marsh, District Judge, Presiding. D.Or. Vacated and Remanded. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Danny Boyd, an Oregon state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for assault in the fourth degree. Boyd contends that the district court erred by according a presumption of correctness to the state post-conviction court's findings of fact as to petitioner's constitutional claims. He also contends that the district court abused its discretion by denying Boyd's request for an…