Anthony Barone v. Sherman Hatcher, Warden the Attorney General of the State of Nevada

65 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthony BARONE, Petitioner-Appellant, v. Sherman HATCHER, Warden; the Attorney General of the State of Nevada, Respondents-Appellees. No. 94-16924. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Anthony Barone, a Nevada state prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. Sec. 2254 petition. He contends the district court erred by granting the State's motion to dismiss. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 . After accepting the district court's factual findings unless clearly erroneous and reviewing its conclusions of law de novo, Jones v. Meyer, 899 F.2d 883, 884 (9th Cir.), cert. denied, 498 U.S. 832 (1990), we affirm. 3 On August 22, 1994, the district court granted the State's motion to dismiss on the grounds that: (a) Barone had consented to the…