Bryan Le Mar Smith, Sr. v. James H. Gomez

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bryan Le Mar SMITH, Sr., Petitioner-Appellant, v. James H. GOMEZ, Respondent-Appellee. No. 95-17185. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided Aug. 2, 1996. Before: WOOD, Jr., ** CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Bryan Le Mar Smith, Sr. appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. Smith alleges that the district court erred when it dismissed his entire petition with prejudice as a sanction after it found that Smith had introduced fraudulent evidence in support of one of his four claims. We affirm. 3 The district court's findings relating to fraud and materiality are not clearly erroneous and sanctions of some degree were clearly justified. The district court adequately considered the efficacy of lesser sanctions; the decision to dismiss the entire petition with prejudice does not constitute an abuse of discretion on…