Michael J. Griffin v. Samuel A. Lewis

78 F.3d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael J. GRIFFIN, Petitioner-Appellant, v. Samuel A. LEWIS et al., Respondents-Appellees. No. 94-17086. United States Court of Appeals, Ninth Circuit. Submitted Jan. 8, 1996. * Decided Feb. 14, 1996. Before: SCHROEDER and TROTT, Circuit Judges, and REED, *** District Judge. MEMORANDUM Petitioner-Appellant Michael Griffin, a prisoner in state custody, appeals the decision of the district court denying his petition for writ of habeas corpus. We affirm. Petitioner Michael J. Griffin and his lover, Robin Riffe, were heroin addicts. Griffin was unemployed and Riffe worked as a waitress in Tucson, Arizona. On January 25, 1988 Riffe stole three pairs of Levi's blue jeans from Sears, Roebuck. Riffe and Petitioner then drove to another Sears outlet where Riffe unsuccessfully attempted to exchange the jeans for a cash refund. The two then drove to a Safeway store where Riffe purchased some Polaroid film. Riffe then tried…