David A. Hawkins v. Chase Riveland

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 A. HAWKINS, Petitioner-Appellant, v. Chase RIVELAND, Respondent-Appellee. No. 94-36020. United States Court of Appeals, Ninth Circuit. Submitted July 20, 1995. * Decided Aug. 2, 1995. Before: NOONAN and HAWKINS, Circuit Judges; and LEW, ** District Judge. MEMORANDUM *** Petitioner David A. Hawkins, a Washington state prisoner, appeals from the district court's denial of his second habeas corpus petition ("second petition") pursuant to 28 U.S.C. Sec. 2254 . Hawkins raised eight claims in his second petition. The district court denied Hawkins' fourth claim, in which he alleged ineffective assistance of counsel, because it concluded that it was procedurally barred from considering the claim. The district court also held that all of Hawkins' remaining claims were barred as an abuse of the writ. We have jurisdiction over this appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm the district court. I. Hawkins was…