Richard Bowen v. Otis Thurman, Warden James Gomez, Director, Department of Corrections

78 F.3d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard BOWEN, Petitioner-Appellant, v. Otis THURMAN, Warden; James Gomez, Director, Department of Corrections, Respondents-Appellees. No. 95-15036. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1995. Decided March 1, 1996. 1 Before: WALLACE, Chief Judge, THOMPSON, Circuit Judge, and REA, * District Judge. MEMORANDUM 2 Richard Bowen appeals from the district court's denial of his petition for habeas corpus. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 . We review de novo the district court's decision to deny a petition for habeas corpus. Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995). We affirm. 3 * To establish a cognizable claim for ineffective assistance of counsel, Bowen must prove that "counsel's conduct so undermined the proper functioning of the adversarial process…