David Wilder Faunce v. Theo White

62 F.3d 1424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Wilder FAUNCE, Petitioner-Appellant, v. Theo WHITE, Respondent-Appellee. No. 94-17242. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner David Wilder Faunce appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 habeas petition. Following a jury trial, Faunce was convicted of first degree murder while engaged in the commission of a robbery and sentenced to a term of life without the possibility of parole. Faunce contends that the district court erred by dismissing his petition pursuant to Rule 9(a), 28 U.S.C. foll. Sec. 2254. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir. 1990), and affirm. 3 In his petition, Faunce alleged that he was denied the right to a speedy…