James McClearn v. William Duncan, Warden James H. Gomez

94 F.3d 652 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 McCLEARN, Petitioner-Appellant, v. William DUNCAN, Warden; James H. Gomez, Respondents-Appellees. No. 94-16408. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1996. Decided Aug. 9, 1996. Before: WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 California state prisoner James McClearn appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. McClearn was convicted of first degree burglary in 1991. McClearn contends that he did not receive a fair trial because of a biased jury, and that he received ineffective assistance of counsel because his counsel failed to strike the alleged biased jurors. We have jurisdiction pursuant to 28 U.S.C. § 2253 . After liberal construction of McClearn's petition and a de novo review of his claims, we affirm. Chacon v. Wood, 36 F.3d 1459, 1465 (9th Cir.1994) (liberal construction of a pro se…