James R. Woolery v. A.J. Arave, Warden, Idaho Maximum Security Institution

66 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James R. WOOLERY, Plaintiff-Appellant, v. A.J. ARAVE, Warden, Idaho Maximum Security Institution, Defendant-Appellee. No. 94-36245. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. 1 Before: GOODWIN, WIGGINS, and O'SCANNLAIN Circuit Judges. 2 MEMORANDUM ** 3 James A. Woolery, an Idaho state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991), and we affirm. 1 4 On January 31, 1987, Woolery ran a stop light and hit another vehicle, killing one occupant and severely injuring the other. Woolery, who suffered minor injuries, was taken to a hospital by ambulance. A deputy sheriff present at the scene of the accident followed Woolery to the hospital and requested that the emergency room doctor take a blood…