Ismael Arrellano v. Robert Borg Attorney General for the State of California

66 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ismael ARRELLANO, Plaintiff-Appellant, v. Robert BORG; Attorney General for the State of California, Defendants-Appellees. No. 94-16351. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Sept. 6, 1995. 1 Before: D.W. NELSON, T.G. NELSON, Circuit Judges, and KING ** District Judge. 2 MEMORANDUM *** 3 Ismael Arrellano, a California state prisoner, appeals pro se the district court's order denying his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. We reverse and remand to the district court to give Arrellano leave to amend his petition to bring an ineffective assistance of counsel claim and to rule on his requests for assistance of counsel on his habeas appeal. 4 * In discussing several of Arrellano's claims (not argued on appeal) which the state court deemed waived because of Arrellano's counsel's failure to object, the magistrate judge found…